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April 29, 2007


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Thomas Swartz

Nicole, excellent reporting on Spitzer's proposed judicial reforms. As a former employee of the Second Department, I can say that there has always been a disproportionate share of the appellate caseload in the Second Department. This is so because in addition to the populous counties of Brooklyn, Queens, and Staten Island, the Second Department has had to deal with the growing suburban counties of Nassau, Suffolk, Westchester, and some of the other growing upstate counties. Over time this has led to a disproportionate caseload in the Second Department. At one point when I was there, there was a two year delay between the time an appeal was filed and a decision was rendered. Although this is no longer the case, the caseload there remains a problem. So, I think the creation of a Fifth Department is a good idea. It just depends on how they carve up the counties to create the new Department.


Thanks for the very helpful insight. Spitzer's proposals re: the Appellate Divisions makes more sense to me now.

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