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Appellants' January 9, 2020 letter --
"
Sixth branch of appellants’ November 25, 2019 motion: Renewal pursuant to CPLR §2221(e) based on new facts that could not be presented previously – & Questions as to the Court’s subversion of Article VI, §3(b)(2) of the New York State Constitution pertaining to direct appeals, etc."

Exhibit A:    Deputy Clerk Heather Davis’ November 20, 2019 letter and envelope
                   postmarked November 25, 2019

Exhibit B:    The November 21, 2019 Order in Delgado, signed by Clerk John Asiello

Exhibit C-1:  Appellants’ March 26, 2019 letter (pp. 1, 15-19)

Exhibit C-2:  Appellants’ April 11, 2019 letter (pp. 1, 13-15)

Exhibit C-3:  Appellants’ August 9, 2019 letter (pp. 1-4)

Exhibit C-4:  Appellants’ August 28, 2019 letter (pp. 1, 18-19, and letter to the editor
                   “
A Call for Scholarship, Civic Engagement & Amicus Curiae Before the
           NYCOA
”, New York Law Journal (August 21, 2019))

Exhibit D:     Cameron MacDonald’s September 9, 2019 letter in support of Delgado
                    Plaintiffs’ direct appeal

Exhibit E-1:   Senior Assistant Solicitor General Victor Paladino’s September 9, 2019
                    letter in opposition to
Delgado direct appeal

Exhibit E-2:    Senior Assistant Solicitor General Paladino’s October 2, 2019 letter

Exhibit F:      Point III of Attorney General’s May 6, 2019 memorandum of law in
                    support of defendants’ motion to dismiss the Delgado amended complaint

Exhibit G-1:   Appellants’ November 26, 2019 e-mail to Chief Administrative Judge
                    Marks

Exhibit G-2:    Appellants’ November 26, 2019 e-mail – “will this e-mail address reach
                     Chief Judge DiFiore’s ‘Excellence Initiative’?”

Exhibit H:       Appellants’ December 10, 2019 e-mail, with December 9, 2019 e-mail,
                      to Commission on Legislative, Judicial and Executive Compensation,

            cc-ing
Chief Administrative Judge Marks & other OCA recipients

Exhibit I:         Appellants’ December 11, 2019 e-mail to Commission on Legislative,
                      Judicial and Executive Compensation,
cc-ing to Chief Administrative
                      Judge Marks & other OCA recipients

Exhibit J:         Appellants’ December 17, 2019 e-mail to Chief Administrative Judge
                      Marks and Chief Judge DiFiore,
cc-ing Commission on Legislative, Judicial
                      and Executive Compensation

Exhibit K:       Appellants’ December 18, 2019 e-mail to Commission on Legislative,
                     Judicial and Executive Compensation,
cc-ing Chief Administrative Judge
                     Marks & other OCA recipients

Exhibit L:        Appellants’ July 9, 2012 proposal for scholarship of Court of Appeals’
                     decisions on constitutional questions – and its enclosed July 19, 2011 letter
                     to then Attorney General Eric Schneiderman furnishing a “legal
                     autopsy”/analysis of the Court’s February 23, 2010 decision in
Maron v.
            Silver
(14 NY3d 230) – furnished to Professor Seymour Lachman,
                     Director/Carey Center for Government Reform/Wagner College,
                     by e-mail, on July 9, 2012

* * *

 

click here for:
Appellants' November 25, 2019 motion to vacate and for other relief pursuant to CPLR §5015, §2221, Court of Appeals Rule §500.24, §100.3 of the Chief Administrator's Rules Governing Judicial Conduct & the Court's Inherent Power


Record of the Delgado Direct Appeal --

MacDonald's August 20, 2019 Preliminary Appeal Statement

Clerk Asiello's August 30, 2019 sua sponte jurisdictional inquiry


MacDonald's September 9, 2019 letter

AG's September 9, 2019 letter

AG's October 3, 2019 letter

Court of Appeals' November 21, 2019 Order

 


 

UNDER CONSTRUCTION --

 

Jetro Cash and Carry Enters. v. State of New York Dept. of Taxation and Finance,
81 NY2d 776 (1992)
"a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, §3[b][2]; §5[b]; CPLR 5601[b][2])."

Town of Bookhaven v. State of New York, 70 NY2d 999 (1998)
"a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, §3[b][2]; §5[b]; CPLR 5601[b][2])."

Matter of Morley v. Town of Oswegatchie, 70 NY2d 925 (1987)
"a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, §3[b][2]; §5[b]; CPLR 5601[b][2])."

New York State Club Assn. v City of New York, 67 NY2d 717 (1986)
"A direct appeal does not lie where questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, §3[b][2]; §5[b]; CPLR 5601[b][2])."

Kerrigan v. Kenny, 64 NY2d 1109 (1985)
"
a direct appeal does not lie because the constitutional validity of a statutory provision is not the only question involved (NY Const, art VI, §5[b]; CPLR 5601[b][2])."

Sheehan v. Suffolk County, 67 NY2d 52, 57 (1986)
"Plaintiffs appeal directly to this court, pursuant to CPLR 5601(b)(2), challenging only the constitutionality of the statutory scheme, having waived all other nonconstitutional claims (Cohen and Karger, Powers of the New York Court of Appeals §58, at 262-263 [rev ed])."

Knudsen v. New Dorp Coal Corp, 20 NY2d 875, 877 (1967)



Court of Appeal's January 10, 2020 acknowledgment



 




 

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