Pending the governor’s action in filling the vacancy caused by Judge Carmen Beauchamp Ciparick’s retirement from the Court of Appeals, the courtas can be seen if you visit its “live” websiteis sitting with a five-judge bench. Arguments have been lively, and the bench is very active.
In this column we deal with three appeals, decided jointly by the court, that involve three police officers who developed cancer following their early response to the attacks upon the World Trade Center on Sept. 11 and their entitlement to enhanced benefits. Also, we cover the court’s view of the ability of the prosecution to use legislation passed after the 9/11 terrorist attack to deal with such acts with appropriate severity and the applicability of such statutes to “gang” activity. Finally, we comment upon a unanimous decision of the court having implications involving the continued status of New York and its established body of commercial law to deal with international contracts which, but for legislation passed in New York in 1984, would render such cases subject to the substantive choice of law of other jurisdictions.
