New York Civil Law

Happy First Monday

Today, the Supreme Court of United States began its 2009-2010 Term.  C-Span is presenting a great series -- Supreme Court Week -- on the Supreme Court just in time for First Monday.  Here is the schedule.

Here is the Amercian Bar Association's "Preview" for the upcoming Term.

New York Chief Judge Jonathan Lippman Takes the Center Seat on the New York Court of Appeals

On February 11, 2009, the New York Senate confirmed Governor Paterson's appointment of Chief Judge Jonathan Lippman of the New York Court of Appeals.  Chief Judge Lippman sat for argument yesterday for his first day, and the Court's decisions reflected his presence on the Bench.

Here are some articles about the confirmation: this article in the New York Times, this article in the Albany Times Union, and here in the Legislative Gazette.com.

Support Your Troops -- Bunkers in Baghdad

My friend and colleague Joe Hanna created a not-for-profit corporation that collects and sends new and used golf balls, clubs, and equipment to our troops serving in Iraq and Afganistan.  The corporation is Bunkers in Baghdad.  Bunkers is a unique way to support our troops and provide a sense of connection to their civilian lives back home.

Please check out the Bunkers in Baghdad webpage and learn how you can get involved, support Bunkers, or contribute.  Read about Bunkers here and here.

Webcast of New York Governor's Nomination of Justice Lippman to Chief Judge of the New York Court of Appeals

Watch this webcast of Governor Paterson's announcement of his nomination of Jonathan Lippman as the next Chief Judge of the New York Court of Appeals.  Here is the Governor's press release.

Webcast begins at 11:15 a.m. today, January 14, 2009.  Governor had to delay the announcement from its original time at 10:30 a.m.

Reports State New York State Governor Will Nominate Justice Jonathan Lippman Tomorrow

Certain news resources are reporting that New York Governor David Paterson will nominate Justice Jonathan Lippman as New York's new Chief Judge of the New York Court of Appeals.  This is the first time since 1897 that a chief judge has ascended to this position without already sitting on the Court.

Here is an article from the New York Law Journal; one from Bloomberg.com; and one from the New York Times.

Top Five Surprises and Disappointments Impacting New York Law in 2008

For the first time since I started writing this blawg, I am presenting my own end-of-the-year list.  Today's list is:

The Top Five Surprises and Disappointments Impacting New York Law

5. The Commission on Judicial Nomination does not recommend Judge Carmen Ciparick (or any other qualified woman, for that matter).

Read article here regarding New York Governor Patterson's reaction to the seven nominations.

4. Appellate Division, Third Department Justice Anthony Carpinello loses election.

An experienced, intellectual powerhouse loses his seat likely due to his position on the Republican ticket in the year of Barack Obama (see article). 

3. The New York Legislature passes law that changes New York from a "no-prejudice" state to a state that requires insurers to demonstrate material prejudice when insureds provide late notice of a claim.

The long-standing rule is toppled by S. 8610/A. 11541, changing New York to a prejudice state.

2. Chief Judge Judith Kaye is forced to retire based on outmoded 70-year-old age limit.

Here is an article about the Chief's retirement.

1. Former-New York Governor Eliot Spitzer's resignation.

Please feel free to provide more disappointments and surprises in the comments section.

"New Yorker" Piece on Chief Judge Judith Kaye

The "New Yorker" published this interesting piece on Chief Judge Judith Kaye.

Hat Tip goes to Eric from New York Personal Injury Law Blog.

New York State's Commission on Judicial Nomination Gives Governor Seven Candidates

New York State's Commission on Judicial Nomination gave Governor David Paterson seven candidates for the position of Chief Judge of the New York Court of Appeals.  Two of the candidates are current Judges on the Court of Appeals:

Judge Theodore Jones and Judge Eugene Pigott.  The other candidates are:

Justice Jonathan Lippman, Justice Steven Fisher, George Carpinello, Evan Davis, Esq., and Peter L. Zimroth.

The New York Times has this article on the candidates and the New York Law Journal has this article.

Excellent Article on Chief Judge Kaye's Responsibilities

Newsday published this excellent article on Chief Judge Judith Kaye's responsibilities as the Chief Judge of the New York Court of Appeals.  If anything, Chief Judge Kaye is downplaying the amount of work she puts into her job.

Follow-Up on the New York Court of Appeals' Orals Arguments Regarding Tyco International Ltd.

As stated stated in this post, the New York Court of Appeals heard oral arguments in People v. Dennis Kozlowski and People v. Mark H. Swartz.-- the two imprisoned executives of Bermuda-based Tyco International Ltd.  Here are some articles regarding the oral argument:

This article in Business Week and this article in Reuters.com.