Letters to the Editor

No Knowledge or Suggestion of Bias

By Marcel Kahan |

I would like to clarify remarks attributed to me in a recent article, "NY Court Defines When LLCs Can Use Special Litigation Committees."

NY Remains Hospitable Venue for International Arbitration

The sweeping concerns expressed in an Outside Counsel column over the court ruling in 'Daesang v. The NutraSweet Co.' are unwarranted. Whether or not Justice Ramos' decision has "strategic implications" for future manifest disregard court challenges very much remains to be seen.

George Bundy Smith

'Permanent Scar' Should Not Be Overlooked

There was a glaring omission in the article on George Bundy Smith's career and passing: his joinder with the majority in Hernandez v. Robles and companion cases before the Court of Appeals.

The Appellate Division, First Department, at 27 Madison Ave.

Conflicting Panel Rulings Demand En Banc Review

I was surprised to learn from the Law Journal's appellate practice column that the Appellate Division, First Department, reached completely different legal conclusions in two cases containing virtually identical factual and legal issues.

Tesla showroom in Red Hook, Brooklyn

Tesla Shouldn't Need Lobbyists, Lawmakers to Expand Business

By Alan J. Harris |

I was shocked and dismayed to read your article entitled "Tesla's Plan to Expand Sales May Face Resistance From Lobbyists." Something's terribly wrong here. Why is the government's permission required to expand one's legitimate (if not praiseworthy) business venture?

Judges of the New York Court of Appeals listen to arguments in White Plains in April, with the date each was confirmed by the Senate, from left: Judges Michael Garcia (Feb. 8, 2016), Leslie Stein (Feb. 9, 2015), Jenny Rivera (Feb. 11, 2013), Chief Judge Janet DiFiore (Jan. 21, 2016), Eugene Fahey (Feb. 9, 2015) and Rohan Wilson (Feb. 6, 2017).

Reflections on Courts of Newcomer Judges

By Joseph W. Bellacosa |

When I was appointed to the Court of Appeals, I was the seventh in a short period chosen by Gov. Mario Cuomo. Remarkably, that seven-member constituency of the court remained unchanged for almost six continuous years.

New York State Capitol in Albany

City Bar's Support of Constitutional Convention Is Flawed

By Jerry H. Goldfeder |

Although the New York City Bar Association concedes that the delegate selection process for a constitutional convention has "deficiencies," it pins its hopes on "[s]tatutory revisions to the delegate selection process [that] can be made [by Albany] this year [or next]." There is absolutely no basis for this hope.

Article Misconstrued the 'Gig Economy'

The use of a single example to support the argument that the gig economy is bad for workers absent new or expanded statutory protections overlooks the fundamental fact that it is the workers themselves driving this new business model.

The Responsibility of Assisting Prisoners

By Adrian L. De Gennaro |

Attorneys do more than just ennoble incarcerated people when they read their letters and take seriously their complaints, such as horrific allegations of abuse or interference with medical care. By investigating and responding, counsel can shine a light on the darkness of the country's prison and jail systems—a darkness which is regularly ignored.

Free College Program Has Financial Flaw

By Yoni Levoritz |

New York's Excelsior Scholarship program has opened the door to a "free college education" to families in need. However, the law does not define the term 'family,' instead relying upon the definition in the Free Application for Federal Student Aid form, which would appear to allow applicants to game the system where divorced parents have a considerable income disparity.

Ruling Conflicts With New York Law

Jeffrey A. Jannuzzo writes: Your article, "Criminal Conviction Needed for Attorney Misconduct Finding," quoted a law professor to the effect that the Western District magistrate judge's recommendation "may be right." In fact, the magistrate's decision is directly contrary to New York law.

Judge Sheila Abdus-Salaam

Judge Embodied Spirit of Law Day

By A. Gail Prudenti |

Law Day (May 1) has a special significance for me because it celebrates the rule of law of and the triumph of right over might. This year, however, the festivity is a bit dimmed by the loss of a cherished friend who I viewed as the very embodiment of all that we celebrate on Law Day: Court of Appeals Judge Sheila Abdus-Salaam.

Judge Sheila Abdus-Salaam

Judge's Death a Loss to Co-op/Condo Bar

I appreciated the article concerning Court of Appeals Judge Sheila Abdus-Salaam's impact on the commercial bar. I think in some ways this was even a greater loss to the relatively small cooperative and condominium bar.

Ruling Should Prompt Appellate Update

One hoped-for effect of the Court of Appeals' approval of visual aids is that it might inspire the appellate division to re-examine the blanket prohibition against images in briefs.

U.S. Supreme Court

U.S. Arbitration at a 'Serious Crossroad'

By Richard Berman |

Judge Richard Berman writes: American arbitration is at a serious crossroad. Its many positive attributes (and many outstanding arbitrators) are rightfully being re-evaluated against some significant shortcomings, which may include collective action bans, secrecy, incorrect legal analyses, conflicts of interest, and perfunctory judicial review.

Court of Appeals Building, Albany, NY.

Juries Need Guidance on Cross-Racial IDs

By Karen Newirth |

The former prosecutors and judges profiled in your article are not alone in seeking to appear as amici in 'People v. Boone' to urge the use of a jury instruction on the increased risk of misidentification in all cases involving cross-race identifications. A range of diverse and well-respected organizations seek to file briefs, which speaks to the magnitude of the risk, the general consensus about the "cross-race effect" in the relevant scientific research and the view that a mandatory instruction can mitigate the risk.