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David B. Saxe

The New York Law Journal ran a front-page story headlined “DiFiore Presses Appellate Judges to Send Fewer Appeals to High Court”  on Nov. 26. The focus of the piece was the chief judge’s plan to have Appellate Division justices refrain from foisting certain appeals on the Court of Appeals – particularly, those arising from a grant of leave to appeal from non-final orders – a right however that belongs by statute to the Appellate Division.  What the article pointed out was that there was likely to be ongoing skirmishes between the chief judge and the appellate divisions (most likely the Appellate Division, First Department) in this area.

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