Overview

Cases start in the trial courts. Though most cases are decided at the trial-court level, parties will occasionally ask a higher court to reconsider the case (an “appeal”). Most appeals are first heard in the intermediate appellate courts, which review the decisions of lower courts to make certain that the law was properly applied. In New York, the highest court is the Court of Appeals. 

Lower Appellate Courts 

Photo of Judge's bench with gavel and american flag

Appellate Terms of the Supreme Court have been established in the First and Second Departments to hear appeals from civil and criminal cases originating in the Civil and Criminal Courts of the City of New York. In the Second Department, the Appellate Terms also have jurisdiction over appeals from civil and criminal cases originating in District, City, Town and Village Courts, as well as non-felony appeals from the County Court.

Appellate Terms, 1st Dept.: Includes Bronx & New York Counties.

Appellate Terms, 2nd Dept.: Includes Kings, Queens, Richmond Counties, Long Island & all counties in the Mid-Hudson/White Plains Region (9th JD).

The County Courts in the Third and Fourth Departments (although primarily trial courts), hear appeals from cases originating in the City, Town and Village Courts: (3rd JD) Capital/Albany Region, (4th JD) North Country, (5th JD) Central/Syracuse Region, (6th JD) Southern Tier/Binghamton, (7th JD) Fingerlakes/Rochester Region, (8th JD) Western N.Y./Buffalo.

Appellate Division, Judicial Departments 

map of New York state showing AD1 includes New York & Bronx counties. AD2 includes Kings, Queens, Richmond counties and Mid-Hudson Region. AD3 includes the Capital, Southern Tier and Northern Country Regions. And AD4 includes Central, Fingerlakes & Western Regions of New York.

The Appellate Division of the Supreme Court is divided into four Judicial Departments. These Courts resolve appeals from judgments or orders of the superior courts of original jurisdiction in civil and criminal cases, and review civil appeals taken from the Appellate Terms and the County Courts acting as appellate courts.

The four Departments of the Appellate Division also help oversee how law is practiced in New York. They have the power to approve new lawyers, create rules for how lawyers should behave, and look into and discipline lawyers who break those rules.

First Department | Second Department | Third Department | Fourth Department

 

Court of Appeals

shot of mural painting on the ceilings of a court house

The Court of Appeals is New York State’s highest court. It reviews legal issues in civil and criminal cases. In most situations, before a case can go to the Court of Appeals, it must first be appealed to an intermediate court, such as the Appellate Division or the Appellate Term.  Parties usually must ask for permission before the Court will hear their appeal.