New York Court System

Question 1

What are the Principal Appellate Courts?

Answer 1

1. Court of Appeals
2. Appellate Division or Supreme Court 1st,2nd,3rd & 4th judicial departments
3. Appellate Terms of the Supreme Court

Question 2

Which is the highest court in the court system?

Answer 2

Court of Appeals

Question 3

What kind of jurisdiction does the Court of Appeals hold?

Answer 3

It has no original jurisdiction and only exercises appellate jurisdiction in criminal and civil cases without regard to amount in controversy.

It’s jurisdiction is generally limited to questions of law.

Question 4

What is the Appellate Division?

Answer 4

It is a single statewide appellate court divided into four judicial departments and is the principal intermediate appeals court for both criminal and civil cases.

Question 5

Must the trial courts in a different department of the Appelllate Division follow precedent set by the appellate division?

Answer 5

Pursuant to the doctoring of stare decisis, trial courts in a given department are required to follow precedent set by the Appellate Division for another department until the Court of Appeals or the department in which the trial court site pronounces a country rule. Each department of the Appellate Division should accept the decisions of its sister departments as persuasive authority but it is free to reach contrary result.

Question 6

Where do the Appellate Terms of the Supreme Court exist?

Answer 6

First judicial department (consisting of two counties within New York City) and Second Judicial department (consisting of three counties within New York City and seven other counties)

Question 7

Where do the Appellate Terms of both the first and second department hear appeals?

Answer 7

From the Civil Court of New York City and the appellate term of the second department also hears appeals from district, county, city, town and village courts.

Question 8

What are the Principal Trial Courts?

Answer 8

1. Supreme Court
2. Court of Claims
3. County Court
4. Surrogates Court
5. Family Court

Question 9

What kind of jurisdiction does the Supreme Court hold?

Answer 9

The Supreme Court has general original jurisdiction of all cases in law and equity without monetary limitation unless it’s jurisdiction has been specifically proscribed. In some cases it’s jurisdiction is concurrent with that of other courts. It has exclusive subject matter jurisdiction over matrimonial actions and wrongful death claims.

Question 10

What claims does the Commercial Division of the Supreme Court handle?

Answer 10

Handles claims meeting a minimum monetary threshold and involving a multitude of commercial disputes. Shortly after commencement of an action, any party may seek assignments of its case to the Commercial Division and upon transfer the parties are subject to the specific rules of practice for the Commercial division

Question 11

What do the rules of the commercial division of Supreme Court address?

Answer 11

The rules address among other matters 1.
electronic submissions and form of papers.

2.Attorney appearances
3.Limitations on discovery
4. Discovery of electronically stored information
5.Adherence to discovery schedules
6. Discovery disputes, motions, and trails

Question 12

In practice what is the only criminal jurisdiction the Supreme Court exercises?

Answer 12

Supreme Court as a court of general jurisdiction, cab exercise jurisdiction over all criminal proceedings. In practice, the only criminal jurisdiction it exercises is over felonies in New York City and in Domestic Violence or Integrated Domestic Violence Parts anywhere in New York.

Question 13

What does the Court of Claims have exclusive jurisdiction over?

Answer 13

The court of claims has exclusive jurisdiction over tort and contract claims against the State of New York. The Court of Claims may not exercise equitable jurisdiction, does not have jurisdiction over non-state actors, and does not permit jury trials.

Question 14

Where do County Courts exist?

Answer 14

County courts exist in all counties outside of New York City.

Question 15

What does the jurisdiction of a County Court include?

Answer 15

The jurisdiction of a county court includes:

Actions and proceedings to recovery money where (1) the amount sought to be recovered does not exceed $25,000 and (2) one of the following applies: (a) every defendant resides in the county, (b) a defendant has an office in the county, or (c) the defendant is a foreign corporation doing business within the county and the cause of action arose in the county.

Various actions and proceedings involving real property located within the county, without regard to any dollar amount or contacts of defendants to the county, including summary proceedings for eviction and actions and proceedings:

-for the partition of real property
- for the foreclosure of a mortgage
- for the specific performance of a contract
-For the enforcement of fires closure of an mechanic’s lien
-For reformation if rescission of a deed, contract of mortgage, and
-To compel the determination of a claim to real property under Article 15 of the Real Property Actions and Proceedings Law.

Guardianship proceedings under Article 81 of the Mental Hygiene Law (Mental Hygiene Law)

Question 16

What kind of criminal jurisdiction does the County Court have?

Answer 16

County courts have jurisdiction over all criminal matters but primarily head felonies.

County courts in the Third and Forth Departments also have jurisdiction over appeals from any of the district, city, town, and village courts within the county in both civil and criminal Proceedings.

Question 17

That type of jurisdiction does the surrogates court have?

Answer 17

The surrogates court has jurisdiction over:
1) all proceedings relating to the probable of wills
2) administration of estates, lifetime trusts and guardianship of the property of minors.

It also has concurrent jurisdiction over the allocation and distribution of the proceeds of a wrongful death action.

The surrogates court has full equity powers in matters which it has jurisdiction.