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Supreme Court of the State of New York Appellate Division

Supreme Court of the State of New York Appellate Division 2025

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The document is a legal brief submitted by the Attorney General of New York regarding the estate accounting of Margaret Van Cortlandt Billmyer, executed by Richard A. Mahler, Jr. It addresses allegations that Mahler breached his fiduciary duties by selling Billmyer's Brooklyn townhouse for approximately half its fair market value to a personal acquaintance, who then resold it at a significantly higher price shortly after. The Surrogate's Court found Mahler grossly negligent in marketing and valuing the property, leading to a surcharge of $630,000 against him, along with six percent interest. The brief argues for the affirmation of this decision based on undisputed evidence of Mahler's negligence and failure to act in the best interests of the estate.

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What do the appellate divisions in the New York court system handle?

The Appellate Division is New York States intermediate level appellate court. It hears appeals from trial courts and has jurisdiction to hear certain original proceedings commenced in or transferred to it as provided by law.

What is the Appellate Division of the Supreme Court of New York?

The Appellate Division primarily hears appeals from the states superior courts (Supreme Court, Surrogates Court, Family Court, Court of Claims, the county courts) in civil cases, the Supreme Court in criminal cases, and, in the Second, Third, and Fourth Judicial Departments, from the county courts in felony criminal

Who sits on the New York Appellate Division?

First department OfficeName New York Supreme Court Appellate Division 1st Department Ellen Gesmer New York Supreme Court Appellate Division 1st Department Lizbeth Gonzalez New York Supreme Court Appellate Division 1st Department John Higgitt New York Supreme Court Appellate Division 1st Department Barbara R. Kapnick13 more rows

How many judges are on the Appellate Division in NY?

The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. It consists of seven judges: the chief judge and six associate judges, who are appointed by the governor and confirmed by the state senate to 14-year terms.