Same City, Different Rules: Comparing New York's State and Federal Appellate Courts

Joseph Palmore and Alexandra Avvocato wrote an article for the New York Law Journal called "Same City, Different Rules: Comparing New York's State and Federal Appellate Courts" discussing key procedural and jurisdictional differences between the United States Court of Appeals for the Second Circuit and the New York Supreme Court’s Appellate Division, First Department. The authors highlight distinctions in the timing and initiation of appeals, the broader scope of interlocutory appeals in state court, and the differing standards of review and binding authority applied by each court. They also compare oral argument practices and the complexities of seeking further review in the New York Court of Appeals versus federal rehearing and Supreme Court certiorari. The article emphasizes the importance of practitioners understanding these differences rather than relying solely on federal appellate experience.

Read the full article.