As the summer draws to a close, I write to update the Bar and the public on the state of the First Department, including our productivity, and what to expect as the court returns for the September 2021 term. Of course, given the ever-changing landscape of the COVID-19 pandemic, it is difficult to predict what the fall and winter will bring. Although we saw a light at the end of the tunnel last spring and early summer—when the infection rate was plummeting—the Delta variant has complicated our plans to fully reopen for in-person operations. Nevertheless, our transition to a virtual (and later a hybridized virtual/in-person) court model last year has enabled us to adapt quickly as the pandemic evolves.

Regarding our productivity, I am proud to report that, despite the challenges presented by the pandemic and an attrition of judges over the past year, we have been as efficient as ever. For the second consecutive year, we will be starting the September term with zero pending appeals (i.e., appeals that have been argued but not yet decided). Readers may recall that we also achieved this goal last year, for the first time in the court’s history.