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Provisions

VIII.11 proposed for 1916 • Jurisdiction of Court of Appeals.

REJECTED

The Text

After the last day of December, one thousand nine hundred and fifteen, the jurisdiction of the court of appeals, except where the judgment is of death, or where the appellate division on reversing or modifying a judgment makes new findings of fact and renders judgment thereon, shall be limited to the review of questions of law. Appeals may be taken as of right to the court of appeals in the following cases only:
(1) “Where the judgment is of death;
(2) From a judgment or order entered upon the decision of an appellate division of the supreme court which finally determines an action or special proceeding where is directly involved the construction of the constitution of the state or of the United States, or where one or more of the justices who heard the case dissents from the decision of the court, or where the judgment of the trial court is reversed or modified;
(3) From an order of an appellate division of the supreme court granting a new trial where the appellant stipulates that upon affirmance judgment absolute shall be rendered against him.
The court of appeals may, however, allow an appeal in any case where in its opinion a question of law is involved, which ought to be reviewed.
The legislature may further restrict the jurisdiction of the court of appeals and the right of appeal thereto, but the right to appeal shall not depend upon the amount involved.
The provisions of this section shall not apply to appeals taken to the court of appeals before the last day of December, one thousand nine hundred and fifteen, but the judgments or orders appealed from shall be reviewed under existing provisions of law.
The court of appeals may determine the qualifications and prescribe the rules regulating the admission to practice of attorneys and counselors in the courts of the state.


A Few Facts

• Has 310 words

• Was proposed by the Constitutional Convention

• Went to NYS voters as proposed amendment 4 of 1915

If New Yorkers voted to approve this provision, it would have:

• Joined the Constitution in 1916

• Been in Article VIII: Judiciary

• Changed the text of a previously existing provision

• Amended or built on:
1895-VI.9


Credits

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