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Kings County New York Supreme Court Biography & Facts

The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court. Unlike all other states, New York is the only state where the Supreme Court is a trial court rather than a court of last resort which is the Court of Appeals. Also, although it is a trial court, the Supreme Court sits as a "single great tribunal of general state-wide jurisdiction, rather than an aggregation of separate courts sitting in the several counties or judicial districts of the state." The Supreme Court is established in each of New York's 62 counties. A separate branch of the Supreme Court called the Appellate Division serves as the highest intermediate appellate court in New York. Jurisdiction Under the New York State Constitution, the New York State Supreme Court has unlimited jurisdiction in both civil and criminal cases, with the exception of certain monetary claims against the State of New York itself. In practice, the Supreme Court hears civil actions involving claims above a certain monetary amount (for example, $50,000 in New York City) that puts the claim beyond the jurisdiction of lower courts. Civil actions about lesser sums are heard by courts of limited jurisdiction, such as the New York City Civil Court, or the County Court, District Court, city courts, or justice courts (town and village courts) outside New York City. The Supreme Court also hears civil cases involving claims for equitable relief, such as injunctions, specific performance, or rescission of a contract, as well as actions for a declaratory judgment. The Supreme Court also has exclusive jurisdiction of matrimonial actions, such as either contested or uncontested actions for a divorce or annulment. The court also has exclusive jurisdiction over "Article 78 proceedings" against a body or officer seeking to overturn an official determination on the grounds that it was arbitrary, capricious and unreasonable or contrary to law. At English Common Law, the lord chancellor, not as a part of his equitable jurisdiction, but as the king's delegate to exercise the Crown's special jurisdiction, had responsibility for the custody and protection of infants and the mentally incapacitated. Upon the organization of the Supreme Court in New York the Legislature transferred so much of the law as formed a part of the king's prerogative to it. The Appellate Divisions of the Supreme Court are responsible for oversight of the related programs. With respect to criminal cases, the Criminal Branch of Supreme Court tries felony cases in the five counties of New York City, whereas they are primarily heard by the County Court elsewhere. Misdemeanor cases, and arraignments in almost all cases, are handled by lower courts: the New York City Criminal Court; the District Court in Nassau County and the five western towns of Suffolk County; city courts; and justice courts. The Commercial Division In 1993, Administrative Judge Stanley S. Ostrau established pilot Commercial Parts in the New York County Supreme Court. Two years later, Chief Judge Judith S. Kaye established a trial level Commercial Division, beginning in New York County (Manhattan) and Monroe County (the 7th Judicial District). The Commercial Division has expanded to the 8th District (located in Buffalo), and the Albany, Bronx, Kings, Nassau, Onondaga, Queens, Suffolk and Westchester County Supreme Courts. These are specialized business courts, with a defined jurisdiction focusing on business and commercial litigation. The jurisdictional amount in controversy required to have a case heard in the Commercial Division varies among these Commercial Division courts, ranging from $50,000 in Albany and Onondaga Counties to $500,000 in New York County, but the Commercial Division rules (Section 202.70) are otherwise uniform. The first specialist commercial judges assigned to the pilot Commercial Parts in 1993 were Justices Ira Gammerman, Myriam Altman, Herman Cahn, and Beatrice Shainswit. Among other long serving Commercial Division Justices, these judges served at least a decade: Justice Cahn continued on as a Commercial Division judge in Manhattan from 1995 until 2008, Justice Charles Ramos served as a Commercial Division judge in Manhattan from 1996-2018, Justice Elizabeth Hazlitt Emerson served in the Suffolk County Commercial Division from 2002-2023, Justice Carolyn E. Demerest served in the Brooklyn, Kings County Commercial Division from its inception in 2002 through 2016, Justice Deborah Karulunas presided in the Onondaga County (Syracuse) Commercial Division from its inception in 2007 for over 15 years, Justice Timothy S. Driscoll has served in the Nassau County Commercial Division since 2009 (as of May 2024), and Justice Thomas A. Stander served in the Monroe County Commercial Division from its inception for ten years. One constant throughout the Commercial Division history has been the involvement of New York attorney Robert L. Haig, who, among other things, co-chaired the 1995 Commercial Courts Task Force, facilitated the 2006 Commercial Division Focus Group study, and has chaired the Commercial Division Advisory Council since 2013 (through at least May 2024). Structure Appellate Division Appeals from Supreme Court decisions, as well as from the Surrogate's Court, Family Court, and Court of Claims, are heard by the New York Supreme Court, Appellate Division. This court is intermediate between the New York Supreme Court and the New York Court of Appeals. There is one Appellate Division, which for administrative purposes comprises four judicial departments. Decisions of the Appellate Division department panels are binding on the lower courts in that department, and also on lower courts in other departments unless there is contrary authority from the Appellate Division of that department. Appellate terms The Appellate Division of the Supreme Court in each judicial department is authorized to establish "appellate terms". An appellate term is an intermediate appellate court that hears appeals from the inferior courts within their designated counties or judicial districts, and are intended to ease the workload on the Appellate Division and provide a less expensive forum closer to the people. Appellate terms are located in the 1st and 2nd Judicial Departments only, representing Downstate New York. These hear appeals from the New York City Civil Court, New York City Criminal Court, City Courts in the 1st and 2nd Departments, and District Court. (City Courts in other departments appeal to the County Courts instead.) The 1st Department has a single Appellate Term covering Manhattan and The Bronx. The 2nd Department has two Appellate Terms. The Appellate Term for the 2nd, 11th and 13th Judicial Districts co.... Discover the Kings County New York Supreme Court popular books. Find the top 100 most popular Kings County New York Supreme Court books.