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LEVENSON v. LIPPMAN

5 A.D.3d 86 (2004)

772 N.Y.S.2d 286

LEONARD J. LEVENSON et al., Appellants, v. JONATHAN LIPPMAN, as Chief Administrator of the Courts, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

February 24, 2004.

Attorney(s) appearing for the Case

Hale & Dorr LLP (Dyan Finguerra-DuCharme, Peter J. Macdonald and Nicholas A. Marsh of counsel), for appellants.

Michael Colodner, Office of Court Administration (John J. Sullivan of counsel), for respondents.

Michael Miller (Malvina Nathanson of counsel), for New York County Lawyers' Association, amicus curiae.

Hinman Straub P.C. (Jane Bello Burke of counsel), for Association of Justices of the Supreme Court of the State of New York and another, amici curiae.

Jonathan E. Gradess and Joshua L. Dratel (Stephanie J. Batcheller of counsel), for New York State Defenders Association and others, amici curiae.

ANDRIAS, J.P., WILLIAMS and LERNER, JJ., concur.

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...

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