David B Saxe

May 31, 2013 | New York Law Journal

David B. Saxe, an associate justice of the Appellate Division, First Department, writes: Although not a frequent occurrence at our court, it happens that when we reverse or modify a determination of a trial-level judge, a question arises whether we should direct that the matter be assigned to a different judge. The main focus of these discussions has been concern with bias or the appearance of bias. However, I believe there are other concerns that at times may warrant consideration, that have not been an explicit part of our analysis.

By David B. Saxe

16 minute read

May 31, 2013 | New York Law Journal

By David B. Saxe

16 minute read

May 13, 2009 | New York Law Journal

Justice David B. Saxe understands that the appellate process in the Appellate Division, First Department, can be opaque and confusing to lawyers appearing before if for the first time and that even seasoned appellate practitioners have only a limited understanding of the internal workings of the court. So, in an effort to make these mysterious ways more transparent, the judge offers the following commentary on the practices of the court.

By David B. Saxe

36 minute read

June 12, 2006 | New York Law Journal

David B. Saxe, an associate justice at the Appellate Division, First Department, writes that our substantive common law is thought to be constantly in the process of developing in response to a changing world. So, too, are the procedural rules governing our state's courts, which are periodically refined and modified, in order to improve the effectiveness of our system of justice.

By David B. Saxe

13 minute read

December 30, 2008 | New York Law Journal

David B. Saxe, an associate justice of the Appellate Division, First Department, offers some remarks and personal observations on the topic of judicial collegiality in the context of his participation in an intermediate appellate court.

By David B. Saxe

9 minute read

May 13, 2009 | New York Law Journal

Justice David B. Saxe understands that the appellate process in the Appellate Division, First Department, can be opaque and confusing to lawyers appearing before if for the first time and that even seasoned appellate practitioners have only a limited understanding of the internal workings of the court. So, in an effort to make these mysterious ways more transparent, the judge offers the following commentary on the practices of the court.

By David B. Saxe

36 minute read

January 16, 2008 | New York Law Journal

David B. Saxe, an associate justice at the Appellate Division, First Department, writes: After reviewing the extent of disciplinary matters that come through the Departmental Disciplinary process, it strikes me that we should consider whether some of those matters could have been avoided by improving the process by which we scrutinize the character and fitness of candidates for admission to the bar.

By David B. Saxe

18 minute read

August 21, 2006 | New York Law Journal

David B. Saxe, an associate justice of the Appellate Division, First Department, proposes a legislative modification of the defining structure of New York State's appellate court system, so as to adopt an en banc review procedure for the appellate divisions, similar to that used in the federal judicial system.

By David B. Saxe

8 minute read

October 26, 2012 | New York Law Journal

Justice David B. Saxe writes: Much of the way we work at the First Department is opaque and confusing to new colleagues at our court and virtually unknown to the outside bar. I have discovered that even seasoned appellate practitioners have only a limited understanding. So, in an effort to make these mysterious ways more transparent, I offer a discussion on the ways and practices in which we work.

By David B. Saxe

50 minute read