Appellants' January 9, 2020 letter --
"Sixth
branch of appellants’ November 25, 2019 motion: Renewal pursuant to CPLR
§2221(e)
based on new facts that could not be presented previously – & Questions as
to the Court’s subversion of
Article VI, §3(b)(2) of the New York
State Constitution pertaining to direct appeals, etc."
* * *
ESTABLISHING A.G. JAMES' KNOWLEDGE --
Appellants' January 9, 2020 e-mail to AG James, etc.
* * *
Appellants' January 9, 2020 affidavit of service
* * *
Appellants' January
9, 2020 letter
Exhibit A: Deputy Clerk Heather Davis’ November 20,
2019 letter and envelope
postmarked November 25, 2019
Exhibit B: The November 21, 2019 Order in
Delgado,
signed by Clerk John Asiello
Exhibit C-1: Appellants’ March 26, 2019 letter (pp. 1, 15-19)
Exhibit C-2: Appellants’ April 11, 2019 letter (pp. 1, 13-15)
Exhibit C-3: Appellants’ August 9, 2019 letter (pp. 1-4)
Exhibit C-4: Appellants’ August 28, 2019 letter (pp. 1, 18-19, and
letter to the editor
“A Call for Scholarship, Civic Engagement
& Amicus Curiae Before the
NYCOA”,
New York Law Journal
(August 21, 2019))
Exhibit D: Cameron MacDonald’s September 9, 2019
letter in support of Delgado
Plaintiffs’ direct appeal
Exhibit E-1: Senior Assistant Solicitor General Victor
Paladino’s September 9, 2019
letter in opposition to Delgado
direct appeal
Exhibit E-2: Senior Assistant Solicitor General
Paladino’s October 2, 2019 letter
Exhibit F: Point III of Attorney General’s
May 6, 2019 memorandum of law in
support of defendants’ motion to dismiss the Delgado amended
complaint
Exhibit G-1: Appellants’ November 26, 2019 e-mail to Chief
Administrative Judge
Marks
Exhibit G-2: Appellants’ November 26, 2019 e-mail –
“will this e-mail address reach
Chief Judge DiFiore’s ‘Excellence Initiative’?”
Exhibit H: Appellants’ December 10,
2019 e-mail, with December 9, 2019 e-mail,
to Commission on Legislative, Judicial and Executive Compensation,
cc-ing Chief Administrative Judge Marks &
other OCA recipients
Exhibit I: Appellants’
December 11, 2019 e-mail to Commission on Legislative,
Judicial and Executive Compensation,
cc-ing to Chief Administrative
Judge Marks & other OCA recipients
Exhibit J: Appellants’
December 17, 2019 e-mail to Chief Administrative Judge
Marks and Chief Judge DiFiore, cc-ing
Commission on Legislative, Judicial
and Executive Compensation
Exhibit K: Appellants’ December 18,
2019 e-mail to Commission on Legislative,
Judicial and Executive Compensation,
cc-ing Chief Administrative Judge
Marks & other OCA recipients
Exhibit L: Appellants’ July 9,
2012 proposal for scholarship of Court of Appeals’
decisions on constitutional questions – and its enclosed July 19, 2011
letter
to then Attorney General Eric Schneiderman furnishing a “legal
autopsy”/analysis of the Court’s February 23, 2010 decision in
Maron v.
Silver (14 NY3d 230) – furnished to
Professor Seymour Lachman,
Director/Carey Center for Government Reform/Wagner College,
by e-mail, on July 9, 2012
* * *
click here
for:
Appellants'
November 25, 2019 motion to vacate and for other relief pursuant to CPLR
§5015,
§2221, Court of Appeals Rule
§500.24,
§100.3 of the Chief Administrator's
Rules Governing Judicial Conduct & the Court's Inherent Power
Record of the Delgado Direct Appeal --
MacDonald's August 20, 2019 Preliminary Appeal Statement
Clerk Asiello's August 30, 2019 sua sponte jurisdictional inquiry
MacDonald's September 9, 2019 letter
AG's September 9, 2019 letter
AG's October 3, 2019 letter
Court of Appeals' November 21, 2019 Order
UNDER CONSTRUCTION --
Jetro
Cash and Carry Enters. v. State of New York Dept. of Taxation and Finance,
81 NY2d 776 (1992) "a direct appeal does not lie when questions other
than the constitutional validity of a statutory provision are involved (NY
Const, art VI, §3[b][2]; §5[b]; CPLR 5601[b][2])."
Town of Bookhaven v. State of New York,
70 NY2d 999 (1998)
"a direct appeal does not lie when questions
other than the constitutional validity of a statutory provision are involved
(NY Const, art VI, §3[b][2]; §5[b]; CPLR 5601[b][2])."
Matter of Morley v. Town of Oswegatchie,
70 NY2d 925 (1987) "a direct appeal does not lie when questions other
than the constitutional validity of a statutory provision are involved (NY
Const, art VI, §3[b][2]; §5[b]; CPLR 5601[b][2])."
New York State Club Assn. v City of New York,
67 NY2d 717 (1986) "A direct appeal does not lie where questions
other than the constitutional validity of a statutory provision are involved
(NY Const, art VI, §3[b][2]; §5[b]; CPLR 5601[b][2])."
Kerrigan v. Kenny, 64 NY2d 1109 (1985) "a
direct appeal does not lie because the constitutional validity of a
statutory provision is not the only question involved (NY Const, art VI,
§5[b]; CPLR 5601[b][2])."
Sheehan
v. Suffolk County, 67 NY2d 52, 57
(1986) "Plaintiffs appeal directly to this court, pursuant to
CPLR 5601(b)(2), challenging only the constitutionality of the statutory
scheme, having waived all other nonconstitutional claims (Cohen and Karger,
Powers of the New York Court of Appeals §58, at 262-263 [rev ed])."
Knudsen v. New Dorp Coal Corp,
20
NY2d 875, 877 (1967)
Court of Appeal's January 10, 2020 acknowledgment
* * *
click here for:
Record:
New York Court of Appeals
click here for:
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