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Appellants' March 26, 2019
letter to Court of Appeals --
"In Support of Appeal of Right: NYS Constitution
Article VI, §3(b)(1);
CPLR §5601(b)(1)"
Appellant's March 26, 2019 affidavit of service
Appellants' March 26, 2019
letter to Court of Appeals
Exhibit A: Dissent of then
Appellate Division, 4th Dept. Justice Fahey --
St. Joseph Hospital v. Novello, 43 AD3d 139, 148 (2007)
Exhibit B:
Plaintiff-Appellants' Ninth Cause of Action --
"Three-Men-in-a-Room Budget Dealmaking is Unconstitutional,
As Unwritten and As Applied"
King v. Cuomo,
81 NY2d 247 (1993)
Exhibit C: New York City Bar
Association May 2007 Report:
"Supporting Legislative Rules Reform
-- The Fundamentals" --
Executive Summary, pp. 8-11
Plaintiff-Appellants' "Legal Autopsy" of
the Appellate Division, Third Department's December 27, 2018 Memorandum & Order
Exhibit
A-1: Plaintiff-Appellants' March 4, 2019 e-mail to Appellate
Div/3rd Dept. Clerk
--
"FOIL/public accss records request -- CPLR 2219(b)"
Exhibit
A-2: Deputy Clerk's March 5, 2019 letter
Exhibit
A-3: Plaintiff-Appellants' March 15, 2019 e-mail to
Appellate Div/3rd Dept.
Clerk --
"Informational Inquiry-FOIL/public access records request:
The
designation 'Memorandum and Order' in the Appellate Division, 3rd
Dept's
disposition of appeals"
Exhibit
A-4: Plaintiff-Appellants' March 19, 2019 e-mail to
Appellate Div/3rd Dept.
Clerk --
"Informational Inquiry-FOIL/records request: Who has written the
ORDERING
sentence that follows, rather than precedes, the names of the
justices in
the 'Memorandum and Order' in CJA v Cuomo (#527081)? And
where is your
'written authorization' to sign?"
Exhibit
A-5: Appellate Div/3rd Dept. Clerk's March 22, 2019 letter
Exhibit B: Plaintiff-Appellants’ November
27, 2018 “ORDER TO SHOW CAUSE
(#4) to Disqualify the Appeal Panel for Demonstrated Actual Bias,
including its Wilful Violation of Judiciary Law §14, for
Certification of
Questions to the Court of Appeals, & Other Relief”,
signed December 3, 2018
Exhibit C:
Plaintiff-Appellants’ January 15, 2016 “Statement of Particulars in Further
Support of Legislative Override of the ‘Force of Law’ Judicial Salary
Increase Recommendations, Repeal of the Commission Statute, Etc.”
----------------------------------------------------
Judiciary Law §14
Oakley v. Aspinwall, 3 NY 547 (1850)
Valz v. Sheepshead Bay, 249 NY 122 (1928)
"Where the question
of whether a judgment is the result of due process is the decisive question
upon an appeal, the appeal lies to this court as
a matter of right."
General Motors Corp. v. Rosa,
81 N.Y.2d 1004 (1993)
"Motion for leave to
appeal denied upon the ground that an appeal lies of right."
General Motors Corp. v. Rosa,
82 NY2d 183 (1993)
Kachalsky v. Cacace,
14 NY3d 743 -- Judge Smith's dissent
February
16, 2010
Maron v. Silver,
14 NY3d 230 -- Judge Smith's dissent
February 23, 2010
"An
Illusionary Right of Appeal:
Substantial Constitutional Questions at the New York Court
of Appeals"
31 Pace Law Review 583
(2011) (Meredith Miller)
"What
Does It Mean If Your Appeal of Right
Lacks A 'Substantial' Constitutional Question
in the New York Court of Appeals?",
75
Albany Law Review 899 (2012) (Alan Pierce)
*********
Feb. 17, 2010
"Rare
Dissent in Court of Appeals Dismissal of Appeal As of Right"
NY Civil Law
March 4, 2010:
"Smith Takes
Judges to Task
for Failure to Find Substantial Constitutional Issue
in
Gun Case",
New York Law Journal (at p. 1)
**********
click here for:
RECORD of McKinney & St. Joseph Hospital
Appeals of Right & Motions for Leave
click here for evidentiary substantiation for footnote 4 of
appellants' March 26, 2019 letter:
Judiciary's proposal of a "force of law" pay
raise commission
click here for link to CJA's webpage for:
Docket:
Delgado v. New York State
-- & VIDEO of Jan 11, 2019 oral argument
click here for:
RECORD -- Appellate Division, Third Department
VIDEO
-- November 13, 2018 ORAL ARGUMENT OF THE APPEAL
before the
Appellate Division, Third Department
click here for:
RECORD:
CJA's SECOND citizen-taxpayer action
click here for:
MENU OF CJA's JUDICIAL
COMPENSATION WEBPAGES
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