Chief Judge Judith S. Kaye, who passed away at age 77 on January 6, 2016, left us some unfinished business to do: court reform. In 1998 Judge Kaye lobbied for a constitutional amendment that would have consolidated and simplified the New York trial court system. She hoped to get the legislative approval for a constitutional amendment and the required referendum during the 1998 and 1999 legislative sessions, followed by a vote on the referendum at … <Read More>
Search Results for: Court Decisions
Comment on Peyton v. NYC BSA
On December 17, 2020, by a 4-3 decision and over a strong dissent, the Court of Appeals reversed the decision of the Appellate Division in Peyton v. NYC Board of Standards and Appeals, 2020 N.Y. Slip Op. 07662. The decision is an unseemly show of deference to the Board of Standards and Appeals, a body that is widely viewed as captive to the real estate industry, on a pure question of law as to … <Read More>
GUEST COMMENTARY: Demarest Be Damned
Landmarks decisions should not be made behind closed doors. Yet they are when the Landmarks Preservation Commission refuses to hold a hearing as it recently did with the Demarest Building.
East Midtown Rezoning: Looking For Extra Zoning Rights? They’re For Sale
A disarmingly simple plan for rezoning Manhattan’s office district running from Grand Central Terminal north to about 58th Street has been approved by the Planning Commission and will come to a Council vote around the time of the November election.
It has three key components: 1) The City almost doubles the allowable floor area for new buildings on large sites along the major thoroughfares; 2) it sells to the landowner the right to build the … <Read More>
Judge Baer defends the independence of judges
My friend, federal Judge Harold Baer Jr., in a new book recounts seven vignettes illustrating what happens to the rule of law when political forces undermine the independence of the judiciary; Judges Under Fire: Human Rights, Independent Judges, and the Rule of Law (ABA Publishing 2011). His point is that without independent judges citizens lack protection from arbitrary governmental decisions. Independent judges alone can counter the forces of official arrogance and tyranny.
Judge Baer need … <Read More>