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| The Court of Appeals, New York State's highest court, is composed of a Chief Judge and six Associate Judges, each appointed to a 14-year term. New York's highest appellate court was established to articulate statewide principles of law in the context of deciding particular lawsuits. The Court thus generally focuses on broad issues of law as distinguished from individual factual disputes. There is no jurisdictional limitation based upon the amount of money at stake in a case or the status or rank of the parties. |
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| Notice to the Bar - Investiture Ceremony Webcast |
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On Thursday June 20, 2013, at 12 Noon, the investiture of Judge Sheila Abdus-Salaam will be webcast live from Court of Appeals Hall.
Her appointment to the Court of Appeals by Governor Andrew M. Cuomo was confirmed by the State Senate on May 6, 2013.
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| Investiture Ceremony Webcast |
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| Notice to the Bar - Amicus Curiae Participation |
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On June 4, 2013, the Court of Appeals granted plaintiffs Clemente Bros. Contracting Corp. and Jeffrey A. Clemente leave to appeal in Clemente Bros. Contracting Corp., et al., v Hafner-Milazzo, et al. Plaintiff Clemente Bros. Contracting Corp. (Contracting) was a customer of defendant bank Capital One, N.A. (Capital One). Contracting had three deposit and/or checking accounts with Capital One and also took out two loans from Capital One. The plaintiffs commenced this action against Capital One, asserting inter alia, that Capital One had failed to use ordinary care in paying on allegedly forged checks and failed to comply with its own regulations in handling Contracting's accounts. In its answer, Capital One interposed several counterclaims to recover amounts due under the loans. Insofar as pertinent to this appeal, Supreme Court granted summary judgment to defendant Capital One, dismissing plaintiffs' complaint and awarding it judgment on its counterclaims. The Appellate Division affirmed (100 AD3d 677).
Under New York's Uniform Commercial Code, a bank may be liable to its customer when it pays a check on a forged signature. The bank may avoid such liability, however, when it makes statements of the account and the allegedly forged items available to the customer, and the customer fails to report the alleged forgery to the bank within one year. Here, the parties, by agreement, shortened the one-year period to 14 days. One of the issues on appeal is whether a bank and its customer may shorten the statutory time period provided for in UCC 4-406 within which the customer must make a claim to its bank for payment of an altered or forged item.
The Court invites amicus curiae participation from those qualified and interested. |
| Full Notice to the Bar |
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| Notice to the Bar - Primary Election Appeals |
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The Clerks' Offices of the Court of Appeals and the Appellate Division Departments release the following joint scheduling announcement:
The Departments have scheduled and reserved only the following dates to consider appeals related to the September 10, 2013, primary elections:
First Department - Tuesday, August 13, 2013
(Wednesday, August 14, 2013, if necessary)
Second Department - Tuesday, August 13, 2013
(Wednesday, August 14, 2013, if necessary)
Third Department - Thursday, August 15, 2013
Fourth Department - Wednesday, August 14, 2013
The Court of Appeals has scheduled and reserved Wednesday, August 21, 2013 and, if necessary, Thursday, August 22, 2013 to consider appeals and motions for leave to appeal related to primary election matters. Full Notice to the Bar |
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| NOTICE TO THE BAR - INTRODUCTION of COURT-PASS: The Court of Appeals Public Access and Search System |
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To better serve the public and the bar, the Court of Appeals has developed and on
February 1, 2013, launched an online service - the Court of Appeals Public Access and Search System (Court-PASS). Court-PASS provides an improved method for the filing of records and briefs in digital format on appeals to the Court of Appeals and, for the first time, offers universal online access to these documents through a publicly-searchable database on the Court's website. The Notice to the Bar, changes to the Court's Rules, and revised Technical Specifications can be found here: Notice to the Bar. |
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PENDING MATTERS
