Conflicting Panel Rulings Demand En Banc Review

New York Law Journal

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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.

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  • Morrie I. Kleinbart

    This would require a state constitutional amendment. See David B. Saxe, Perspective: En Banc Review In The Appellate Division, NYLJ, August 21, 2006. This is not to say that I do not think it is a good idea.

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