Legal Opinion
Levenson v. Lippman
Appellate Division of the Supreme Court of the State of New York
Decided February 24, 2004PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenberger, J.
The primary question raised by this appeal is why this Court should be divested of the power conferred upon it by the Constitution (New York Constitution, art VI, § 4 [k]; § 5) and the rules of civil practice (CPLR 5501, 5701) to review an order issued by a justice of the Supreme Court. Of secondary concern is how this Court’s review power came to be vested in a Supreme Court justice who lacks any constitutional or statutory appellate authority and who is further constrained by the well-settled proscription against issuing a ruling in contravention of an…
2Cases cited24 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- Martin v. City of CohoesNew York Court of Appeals · 1975
- Dondi v. JonesNew York Court of Appeals · 1976
- Andon v. 302-304 Mott Street AssociatesNew York Court of Appeals · 2000
- Kavanagh v. Ogden Allied Maintenance Corp.New York Court of Appeals · 1998
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3Cited by2 opinions
- Levenson v. LippmanNew York Court of Appeals · 2005
- Levenson v. LippmanNew York Court of Appeals · 2005