Judiciary of New York (state)

The New York State Judiciary (formally the New York State Unified Court System) is the judicial branch of the New York State government, consisting of all of the state’s courts (excluding extrajudicial administrative courts). 

The state’s highest court, the Court of Appeals, is based in Albany and consists of seven judges. The New York State Supreme Court’s Appellate Division is the primary intermediate appellate court. In civil matters statewide and criminal proceedings in New York City, the New York State Supreme Court is the trial court of broad jurisdiction. The 57 County Courts hear felony criminal proceedings outside of New York City. The New York City Civil Court and the New York City Criminal Court are two of the many local courts located throughout the state.

The system is overseen by the State of New York’s Chief Judge, who collaborates with the Chief Administrative Judge, other administrative judges, and the Office of Court Administration.

In general, the judicial system is composed of the appellate courts and the trial courts, consisting of the superior courts and the local courts. The appellate courts include the Court of Appeals, Appellate Division of the Supreme Court, appellate terms of the Supreme Court, appellate sessions of the County Court. The superior courts include the Supreme Court, County Court, and Specialized Courts. 

The state’s highest court is the New York State Court of Appeals. In civil disputes, appeals are virtually entirely based on Appellate Division decisions. Appeals from decisions of the Appellate Division, the Appellate Term, and the County Court can be heard in criminal cases, depending on the type of case and the section of the state where it arose.

The Appellate Division of the New York Supreme Court is the state’s second-highest court and is organized into four judicial departments. In the Third and Fourth Judicial Departments, it primarily hears appeals from superior courts in civil cases, the Supreme Court in criminal cases, and the County Court in felony criminal cases. In civil cases, it may also hear appeals from the Supreme Court’s appellate terms when these courts have heard appeals from one of the lower trial courts.

The New York Supreme Court is the state’s general jurisdiction court. The New York Supreme Court has a branch in each of the state’s 62 counties. All criminal cases are heard in the Supreme Court of each county in New York City; outside of the city, these matters are normally tried in the County Court.

The organization of the courts was altered by the constitution of 1846. The Court of Chancery was disbanded, and the Supreme Court was given equity power. The Court for the Correction of Errors was abolished, and the Court of Appeals was given jurisdiction over appeals. The New York circuit courts were dissolved by the constitution of 1821, and the Supreme Court’s district benches took their place. The Court of Appeals was created in July 1847 and is made up of four statewide elected judges and four Supreme Court justices who are appointed annually.

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