There is a seasonal flow to our work at the Appellate Division, First Department. For example, as early spring moves closer to summer and the end of the court term approaches, the work and atmosphere intensifies. Writings are exchanged at an fevered pace in the expectation, or hope, that the appeal will be decided before the summer break (see generally, Saxe, “How We Operate: An Inside Look at the Appellate Division, First Department” [NYLJ, May 13, 2009] and Saxe, “How We Operate At the First Department” [NYLJ, Oct. 26, 2012]).
Then our summer recess arrives, and it is a welcome respite from the work of the court year; it extends from some time around the middle of June until the day after Labor Day. Panel sittings are over, but although some wags ask if we are closed for the summer, we are decidedly not. Work continues, although in a more private manner and at a slower place. It is an opportunity to reflect on and hone some older writings that did not get voted out before the break. It is also a good time to begin research and perhaps a draft of a new appeal that we picked up during one of the June sittings. Many of us set aside what we call summer projects—a particularly complicated appeal to which we can devote special attention during the quiet of the summer months.
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