Small question regarding New york suprme court's First department

[JoeTheBoomer12]

New york

Greetings,

My name is Joe and I'm an MBA student in the university of British Colombia in Vancouver, Canada.

One of the courses in our Syllabus regards American Law. In part of the appellants lesson, each one of the students got to analyze an appellant case in different state.

I received an appellant case that focuses on a conflict between business partners at New York city. The appellant is filed to the first department in the New York Supreme Court Appellant Division.


I found a lot of general information regarding the first department, but I'm not quite sure that I fully understand the process that the appeal is going through.


Our professor encourages us to contact Pro Bono assistant or legal forums if we have any questions – so that's why I'm here.

To my understanding, each appeal is reviewed by a forum of 4-5 justices that discussed and decided if the appeal shall be granted.
I couldn't understand if there is only one justice that is in charge of the case and solely handles the appeal material, or all of the justices studying the case independently.
In addition, I found some information regarding judicial law clerks. The information stated that most of the work is done by the justice's clerks, whom give their summary and recommendations of the case to the relevant justice.


All together - the appeal is first transferred to the forum, each justice's law clerk studies the case and gives his summary and recommendations, finally the justices decide based on the clerk's recommendations and their knowledge.


Did I understand correctly or is the process is different?


Any help will be much appreciated!

 

[LdiJ]

New york

Greetings,

My name is Joe and I'm an MBA student in the university of British Colombia in Vancouver, Canada.

One of the courses in our Syllabus regards American Law. In part of the appellants lesson, each one of the students got to analyze an appellant case in different state.

I received an appellant case that focuses on a conflict between business partners at New York city. The appellant is filed to the first department in the New York Supreme Court Appellant Division.


I found a lot of general information regarding the first department, but I'm not quite sure that I fully understand the process that the appeal is going through.


Our professor encourages us to contact Pro Bono assistant or legal forums if we have any questions – so that's why I'm here.

To my understanding, each appeal is reviewed by a forum of 4-5 justices that discussed and decided if the appeal shall be granted.
I couldn't understand if there is only one justice that is in charge of the case and solely handles the appeal material, or all of the justices studying the case independently.
In addition, I found some information regarding judicial law clerks. The information stated that most of the work is done by the justice's clerks, whom give their summary and recommendations of the case to the relevant justice.


All together - the appeal is first transferred to the forum, each justice's law clerk studies the case and gives his summary and recommendations, finally the justices decide based on the clerk's recommendations and their knowledge.


Did I understand correctly or is the process is different?


Any help will be much appreciated!

I am not an expert on the subject but I can tell you that you essentially have it correct. The only correction would be that the judges do study and decide their opinion of the cases individually.

 

[Taxing Matters]

Did I understand correctly or is the process is different?

The New York Supreme Court, Appellate Division, is the intermediate appeals court for the state of New York. Most trial court decisions may be appealed to this court (which is divided up into several departments) as a matter of right, which means that the court must hear the appeal. When the appeal is filed the court will assign the case to a panel of judges to hear. The judges of that panel will each review the case and the judges will confer on the case. The panel may hear oral arguments on the case in addition to reviewing the briefs filed by each party in the case. Once the judges vote on the outcome of the case, one of the judges for the winning side will be chosen to write the court's opinion for the case. The other judges may then also file concurring or dissenting opinions if they choose. The role of the law clerks varies by each judge; some judges will have their law clerks do more, some less. But it is the judge who makes the decision of what position to take on the case.

 

[FlyingRon]

I don't believe this story in a minute. Someone already showed up with the same story and was already told he almost certainly has no case.
You professor most likely wanted you to enhance your studies by some other method than just asking for the answer from an internet forum, but at least you can read the previous thread on the subject, if you, in fact, were not the author of the original post.

https://forum.freeadvice.com/threads/assistance-to-understand-the-first-departemnt-of-new-york-supreme-court.657390/#post-3669254

 

[Zigner]

Maybe not the same author - but probably the same class

 

[HighwayMan]

Maybe not the same author - but probably the same class

The other OP claims to live in Holland, not Canada.

 

[Zigner]

The other OP claims to live in Holland, not Canada.

I usually don't do this, but review the response here: Small question regarding New york suprme court's First department

(It's the same guy)

 

[HighwayMan]

I usually don't do this, but review the response here: Small question regarding New york suprme court's First department

(It's the same guy)

The post Ron referenced was here on FA and seems to be a different person. I don't automatically search for or recall similar posts on other forums.

 

[Zigner]

The post Ron referenced was here on FA and seems to be a different person. I don't automatically search for or recall similar posts on other forums.

I don't either - but I happened to read them back to back. The post on the other forum states that it was the same person that created the account...I'm assuming it was based upon the IP address.

 

[FlyingRon]

He showed up on expertlaw and thelaw as well. The IP address resolves to Tel Aviv.

 

[HighwayMan]

He showed up on expertlaw and thelaw as well. The IP address resolves to Tel Aviv.

Many people, including me, use a VPN nowadays which will mask their actual location.

 

[quincy]

This forum generally does not assist students with their homework questions anyway, regardless of what the professor might allow.

I think Joe needs to do his own research instead of having someone do it for him.