Rolando Acosta and Michael Fernandez. Courtesy Photos
On a recent episode of the “Amici” podcast series of the Unified Court System, Chief Judge Rowan D. Wilson, recalling conversations he had with one of the authors regarding the certification of questions from the Appellate Division to the Court of Appeals, expressed support for changes to this process.
This column provides an overview of the current procedure for certification from the Departments of the Appellate Division to the Court of Appeals available under CPLR 5602, the limitations of that system, some of the benefits of adopting a more liberal approach to certification to the Court of Appeals, and a legislative proposal to liberalize the existing certification procedure.
