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New York Legal Trivia

It's Tuesday and time for the newest Sui Generis feature--the weekly New York legal trivia question.  Last week's question was:

What is the minimum number of judges justices that must sit on an Appellate Division panel during any given court session?

And, truth be told, I wasn't entirely sure of the answer myself and had only conducted cursory research on the issue.  But, my readers pulled through for me!

The answer?  3, as found in the New York Judiciary Law s. 82:

No more than five justices of the appellate division in any department shall sit in any case. In each department four of the justices shall constitute a quorum, and the concurrence of three shall be necessary to a decision. If three justices do not concur in a decision, a reargument must be ordered.

Thanks to everyone for their input.  David Gottlieb of the No-Fault Paradise blog got it correct, and  Scott Greenfield of the Simple Justice blog provided cites to the relevant law.

Today's question:

When can you appeal as of right to the New York Court of Appeals?  (Partial answers are permissible.)

Good luck, and remember--educated guesses only, please. 


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Randy L. Braun

When at least two Justices of Appellate Division dissent. I seem to recall some other grounds as well, but that's the one that comes to mind initially.

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