The New York Court System Flashcards
What is the highest court in the New York Court System?
Court of Appeals
What jurisdiction does the Court of Appeals have?
No original jurisdiction; only appellate jurisdiction in criminal and civil cases without regard to the amount in controversy
Generally limited to questions of law
Stare Decisis and Precedent
Trial courts are required to follow the decision of the Appellate Division until the Court of Appeals / Appellate announces a contrary rule
Appellate Terms of the First Division of Appellate Courts
Appeals from the Civil Court of NY
Appellate Terms of the Second Division Appellate Courts
Appeals from the Civil of NY, district, city, town, and village courts
Supreme Court General Original Jurisdiction
All cases in law and equity without monetary limitation unless its jurisdiction has been specifically proscribed - can be concurrent
All criminal proceedings - in practice the only criminal jurisdiction it exercises is over felonies in NY City, Domestic Violence, or Domestic Violence Parts anywhere in NY
Supreme Court Exclusive Subject Matter Jurisdiction
Matrimonial Actions and Wrongful death claims
What claims the Commercial Division of Supreme Court handle?
Claims meeting a minimum monetary threshold and involving a multitude of commercial disputes
Court of Claims Jurisdiction Exclusive Jurisdiction
Tort and contract claims against the state of NY
Court of Claims does not exercise jurisdiction over what cases?
Equitable jurisdiction, Non-state actors, and does not permit jury trials
Where do County Courts exist?
All counties outside of New York City
What is the jurisdiction of a County Court? (Requirements)
Actions and proceedings to recovery money where (I) 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 for transaction of business within the county and the cause of action arose 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.
What is the jurisdiction of a County Court? (Actions Regarding Real Property located within the county)
Without regard to dollar amounts or contacts of defendants to the county, including summary proceedings for eviction and actions and proceedings:
- Partition of real property
- Forclosure of a Mortgage
- Specific Performance of a contract
- Enforcement or forclosure of a mechanic’s lien
- For reformation or recision of a deed, contract or mortgage; and
- to compel the determination of a claim to real property
What is the jurisdiction of a County Court? (Guardianship and Criminal Proceedings)
Guardianship proceedings under Article 81 of the Mental Hygiene Law (§ 81.04)
All criminal matters but primarily hear felonies
What is the jurisdiction of a Surrogate’s Court? (Real Property)
Surrogate’s Court has jurisdiction over all proceedings relating to the probate of wills, administration of estates, lifetime trusts, and guardianship of the property of minors.
What is the jurisdiction of a Surrogate’s Court? (Adoptions)
Concurrent jurisdiction with Family Court over adoptions
What is the jurisdiction of a Surrogate’s Court? (Wrongful Death)
Although a wrongful death action may not be brought in Surrogate’s Court, Surrogate’s Court has concurrent jurisdiction over the allocation and distribution of the proceeds of a wrongful death action (EPTL 5-4.4 [a] [l]).
What is the jurisdiction of the Family Court?
Family Court has jurisdiction over child abuse and neglect proceedings, proceedings to determine paternity, proceedings for the permanent termination of parental rights, person-in-need- of-supervision (PINS) proceedings, family offense proceedings (concurrent and simultaneous with the criminal courts), juvenile delinquency proceedings (See Matrimonial and Family Law, VIII.), adoptions, and dependent support proceedings.
What are the limitations of the Family Court Jurisdiction?
Family Court Act 411 confers upon Family Court “exclusive original jurisdiction over proceedings for support or maintenance” 1 but its jurisdiction does not extend to proceedings for child or spousal support while an action for divorce is pending (N.Y. Const, art. VI, § 13 [b] [4]; Matter of Roy v Roy, 109 AD2d 150, 152 [3d Dept 1985]).
Concurrent Jurisdiction between NY Supreme Court and Family Court
Both Supreme Court and Family Court have concurrent post-divorce jurisdiction and may enforce or modify an underlying support order issued by Supreme Court.
New York City Civil Court Jurisdiction (Requirements)
The New York City Civil Court has jurisdiction within the City of New York over actions and proceedings for the recovery of money where the amount sought to be recovered does not exceed $25,000.
New York City Civil Court Jurisdiction (Housing Court)
The Civil Court includes the Housing Court, which handles actions and proceedings involving landlords and tenants and housing and building code violations, without regard to any dollar amount, including sununary proceedings for eviction, and various actions and proceedings related to state and local housing standards.
New York City Civil Court Jurisdiction (Small Claims Court)
Monetary actions of $5,000 or less with simplified procedures
New York City Criminal Court Jurisdiction
Criminal jurisdiction within the City of NY over misdemeanors and violations
District (only in Nassau and Suffolk Counties) and City Court Jurisdiction
Jurisdiction over actions and proceedings involving matters within the boundaries of the county or city basically the same as that of the New York City Civil Court, including housing matters, except that any applicable statutory dollar limitation is $15,000
Town and Village Jurisdiction
Actions and proceedings for the recovery of money or chattels where the amount sought to be recovered or the value of the property does not exceed $3,000, and over summary proceedings for eviction
District, City, Town, and Village Justice Courts (Small claims)
Monetary actions of $5,000 ($3,000 for town and village courts) or less with simplified procedures
District, City, Town, and Village Justice Courts (Criminal matters)
Preliminary jurisdiction of all offenses and trial jurisdiction of misdemeanors and violations
