When you submit your motion for leave to appeal to the court of appeals is it at least read before they accept or decline?
3 attorney answers
New York is an appellate division-heavy state which means you have a right to have your case reviewed by them, and only in very special cases will the Court of Appeals intercede and review an appellate division order. So the impression one gets is that the court does not review anything and simply denies everything. This is a wrong impression because the structure of the court system in New York places great emphasis on the appellate division.
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Motions for leave are first scrutinized for timeliness and jurisdiction, which would involve reading it in full in any event. If one of those is missing, the recommendation from the pool would be "deny." If those elements are met, the merits will then be examined closely, and a recommendation made to grant or deny.
You are incorrect that an App. Div. split "requires" that leave be granted. If there are two dissenters in the App. Div., there is an appeal as of right, in which case a leave application is unnecessary and inappropriate. If you mean a split among the App. Divs., that does not "require" the Court of Appeals to take the case; it is merely one of a few reasons they might decide to take the case.
BTW, I think you asked this question a week or two ago.
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