Legal Opinion

New York State Ass'n of Criminal Defense Lawyers v. Kaye

New York Court of Appeals

Decided December 21, 2000PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The issue presented is whether Chief Judge Kaye1 and Judges Smith, Levine, Ciparick and Wesley, named as parties in this CPLR article 78 proceeding brought to invalidate an administrative order of the Court, should be disqualified from participating in the decision of petitioners’ motion for leave to appeal from an order affirming the dismissal of the proceeding.2

In 1995, the Legislature reinstated the death penalty. In connection therewith, it enacted Judiciary Law § 35-b, which provides a vehicle to afford legal representation to indigent capital defendants through a…

3Cases cited11 opinions

  1. Mississippi Publishing Corp. v. MurphreeSupreme Court of the United States · 1946
  2. Maresca v. CuomoNew York Court of Appeals · 1984
  3. Cameron v. GreenhillTexas Supreme Court · 1979
  4. Ex Parte FarleyKentucky Supreme Court · 1978
  5. Board of Overseers of the Bar v. LeeSupreme Judicial Court of Maine · 1980

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4Cited by12 opinions

  1. Scheehle v. Justices of the Supreme CourtArizona Supreme Court · 2005
  2. Schreiber-Cross v. StateAppellate Division of the Supreme Court of the State of New York · 2006
  3. Kupersmith v. Winged Foot Golf Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. In Re RoseTexas Supreme Court · 2004
  5. Vest v. VestAppellate Division of the Supreme Court of the State of New York · 2008

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