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- Title
An Illusory Right to Appeal: Substantial Constitutional Questions at the New York Court of Appeals.
- Authors
Miller, Meredith R.
- Abstract
The article discusses the substantial constitutional issues involving the right to appeal at New York Court of Appeals. It provides an overview of the civil jurisdiction of the New York Court of Appeals. It talks about the appeals as of right to the Court of Appeals on constitutional grounds. It examines the court case Kachalsky v. Cacace, wherein the court dismissed the appeal sua sponte for failure to raise a substantial constitutional question. Also discussed is the use of the requirement of substantiality to invoke discretion that should have on appeals as of right.
- Subjects
NEW York (State); APPELLATE procedure; APPELLATE procedure (Civil procedure); SUA sponte actions; CIVIL rights; ACTIONS &; defenses (Administrative law); ADMINISTRATIVE remedies; CIVIL procedure; JURISDICTION
- Publication
Pace Law Review, 2011, Vol 31, Issue 2, p583
- ISSN
0272-2410
- Publication type
Article
- DOI
10.58948/2331-3528.1777