I respectfully begin this column by congratulating Judge Rowan Wilson on his confirmation as chief judge of the Court of Appeals and Judge Caitlin Halligan on her confirmation as associate judge following Wilson’s investiture as chief judge.

Henry v. New Jersey Transit, 2023 NY Slip Op 01466 [2023], with a profound dissent by Wilson, brings the issue of preservation of constitutional issues on appeal to the Court of Appeals to the forefront.

Preservation, Generally