Created by the New York State Constitution of 1894, the Appellate Division of the Supreme Court, First Judicial Department, is one of four intermediate appellate courts in the State, and holds jurisdiction over the Counties of New York and the Bronx. Appeals are taken to the Appellate Division, as a matter of right, in civil and criminal cases, from the Supreme Court, Surrogate’s Court, Family Court, and Court of Claims.
As a branch of the Supreme Court, the Appellate Division has broad powers to review questions of law and fact, and to make new findings of fact. It serves as the court of original jurisdiction in certain types of matters; other cases reach the Appellate Division after they have been reviewed by the Appellate Term, a lower appellate court. Since, with few exceptions, appeals to the Court of Appeals, the State’s highest court, are by permission only, the Appellate Division is the court of last resort in the majority of cases. Over 3,000 appeals, 6,000 motions, and 1,000 interim applications are determined each year.
In addition, the Appellate Division admits roughly 3,000 new attorneys to the Bar each year, disciplines practicing lawyers, and otherwise exercises its judicial authority in Manhattan and the Bronx.