New York Appellate Court now live broadcasting oral arguments.

The Supreme Court, Appellate Division, Third Department is now live broadcasting oral arguments on its website.

Oral arguments are typically scheduled for two weeks every month. There is usually one session of oral arguments each day, beginning at either 9:30 a.m. or 1:00 p.m. Daily session calendars are available on the court's monthly term calendar.

The Appellate Division, Third Department, which is located in Albany, is one of four Appellate Division Departments. Each Department exercises appellate jurisdiction in a separate geographic region.

The Appellate Division is New York State's intermediate level appellate court. It hears appeals from trial courts and has power to review both law and facts in civil and criminal cases. Appeals from the Appellate Division are taken to the Court of Appeals, the State's highest court. The bulk of all appellate review in New York State is provided by the Appellate Division.

State Appellate Court to hold session at Cornell

The New York State Supreme Court’s Appellate Division will be hearing oral arguments in Cornell Law School’s Moot Court Room from 9:30 am to noon on Thursday, October 22.

Arguments are open to the public.

Following adjournment, the justices attending will hold a short question and answer period regarding the proceedings.

Summaries of the cases to be argued have been provided by the court for informational purposes. They include cases of potential local interest to Finger Lakes residents.

For more information, click here.

Seneca Falls Referendum Appeal Dismissed

Regional News Network:

Seneca Falls—The New York State Supreme Court Appellate Division has thrown out an appeal seeking to reinstate a petition for a voter referendum on the proposed Seneca Falls town hall.

Ruling on a motion from attorney Steven Getman, the court held on Tuesday (December 30) that the appeal should be dismissed on the ground that the appellant, former town board member Sue Sauvageau, had failed to perfect her appeal in a timely manner.

Getman represented Seneca Falls town board member Chad Sanderson. In papers filed with the appeals court Getman argued that Sauvageau’s attorneys were required to complete the filing and other requirements for the appeal no later than September 22.

Sauvageau’s notice of appeal was filed in July by Geneva attorney Mario Fratto. Neither Sauvageau nor her attorney sought an extension of the time to perfect the appeal or submitted an answer to the motion to dismiss.

In April, Sauvageau and Joyce Brady had circulated a petition to force a vote on the town board’s March 18 decision to transfer $2.55 million from the capital reserve fund to the general fund for the construction of the new town hall. The town has been leasing space in the former St. Patrick’s School.

In response, Sanderson, through Getman, filed objections to the referendum petition, alleging that the form and content was not in compliance with various legal requirements. These included a failure of the petition to require signers to affirm that their correct residence was next to their names and the failure of the witnesses to the petition to attest that each person who signed it had properly identified themselves to the witness.

Acting on Sanderson’s objections, Acting Supreme Court Justice W. Patrick Falvey held in May that certain requirements cited by Sanderson were “essential” under the New York State law, to insure that only qualified voters of the Town had signed the petition. These requirements were not met, Falvey held, and the petition for a referendum was “fatally flawed.”

In July, Sauvageau appealed Falvey’s decision. That triggered the September deadline to perfect the appeal.

New York Appellate Court Creates New Rule for Criminal Appeals

New York State's Appellate Division of the Supreme Court, Third Department, recently amended its Rules to add a provision specifically addressed to dormant criminal appeals.

Rule 800.14′s new paragraph (j) (Abandonment of Appeals) declares that a criminal appeal is deemed to have been abandoned – notwithstanding the provisions of paragraphs (b) and (c) of 800.14 pertaining to enlargements of time – when the appellant has not sought poor person relief or has failed to serve his/her brief-appendix within 24 months after the date of the Notice of Appeal.

The Clerk’s Office will not accept any brief or appendix received after the 24-months mark “unless directed to do so by order of the court”, which “shall be granted only pursuant to a motion on notice supported by an affidavit setting forth a reasonable excuse for the delay.”

For more on the new rule, click here.