Court of Appeals Title
   
Advanced Decision Search
Spacer
Spacer
Spacer
Spacer
Spacer
Spacer
Spacer

Home Certified Questions (500.27)

Below is a listing of Rule 500.27 certified questions pending before the Court, stating the issue(s) certified and their status. Please call the Clerk's Office if you have any questions.

For those certified questions that proceed to briefing in the normal course, the briefing schedule generally will be: appellant's brief to be filed 60 days after the Court accepts the certification; respondent's brief to be filed 45 days after the date set for the filing of appellant's brief; and a reply brief, if any, to be filed 15 days after the date set for the filing of respondent's brief.

The Court welcomes motions for amicus curiae participation from those qualified and interested in the subject matter of these certified questions. Please refer to Rule 500.23 and direct any questions to the Clerk's Office.


Gevorkyan, et al. v Judelson

By order entered November 15, 2016, the United States Court of Appeals for the Second Circuit certified the following question to this Court:

"Whether an entity engaged in the 'bail business,' as defined in [New York Insurance Law] NYIL § 6801(a)(1), may retain its 'premium or compensation,' as described in NYIL § 6804(a), where a bond posted pursuant to [New York Criminal Procedure Law] NYCPL § 520.20 is denied at a bail-sufficiency hearing conducted pursuant to NYCL § 520.30, and the criminal defendant that is the subject of the bond is never admitted to bail."

The Court is considering acceptance of the question.

 

CHAUCA v ABRAHAM, et al.

By order entered November 1, 2016, the United States Court of Appeals for the Second Circuit certified the following question to this Court:

"What is the standard for finding a defendant liable for

punitive damages under the New York City Human Rights

Law, N.Y.C. Admin. Code § 8-502?"

The Court is considering acceptance of the question.

 

GRIFFIN et al. v SIRVA, INC., et al.

By order entered August 30, 2016, the United States Court of Appeals for the Second Circuit certified the following questions to this Court:

"(1) Does Section 296(15) of the New York State Human Rights Law, prohibiting discrimination in employment on the basis of a criminal conviction, limit liability to an aggrieved party's 'employer'?

(2) If Section 295(15) is limited to an aggrieved party's 'employer,' what is the scope of the term 'employer' for these purposes, i.e. does it include an employer who is not the aggrieved party's 'direct employer,' but who, through an agency relationship or other means, exercises a significant level of control over the discrimination policies and practices of the aggrieved party's 'direct employer'?

(3) Does Section 296(6) of the New York State Human Rights Law, providing for aiding and abetting liability, apply to §296(15) such that an out-of-state principal corporation that requires its New York State agent to discriminate in employment on the basis of a criminal conviction may be held liable for the employer's violation of §296(15)?"

On September 20, 2016, the Court accepted the certified questions and set a briefing schedule.

 

FLO & EDDIE, INC. v SIRIUS XM RADIO, INC.:

By order entered April 13, 2016, the United States Court of Appeals for the Second Circuit certified the following question to this Court:

"Is there a right of public performance for creators of sound recordings under New York law and, if so, what is the nature and
scope of that right?"

On May 3, 2016, the Court accepted the certified question. The case is briefed, and was argued on October 18, 2016.