In England, a civil parish is a type of administrative parish used for local government, they are a territorial designation, the lowest tier of local government below districts and counties, or their combined form, the unitary authority. Civil parishes can trace their origin to the ancient system of ecclesiastical parishes which played a role in both civil and ecclesiastical administration; the unit rolled out across England in the 1860s. A civil parish can range in size from a large town with a population of about 75,000 to a single village with fewer than a hundred inhabitants. Eight parishes have city status. A civil parish may be known as and confirmed as a town, neighbourhood or community by resolution of its parish council, a right reserved not conferred on other units of English local government. 35% of the English population live in a civil parish. As of 31 December 2015 there were 10,449 parishes in England; the most populous is Weston super Mare and those with cathedral city status are Chichester, Hereford, Ripon, Salisbury and Wells.
On 1 April 2014, Queen's Park became the first civil parish in Greater London. Before 2008 their creation was not permitted within a London borough. Wales was divided into civil parishes until 1974, when they were replaced by communities, which are similar to English parishes in the way they operate. Civil parishes in Scotland were abolished for local government purposes by the Local Government Act 1929, the Scottish equivalent of English civil parishes are community council areas, which were established by the Local Government Act 1973; the Parish system in Europe was established between the 8th and 12th centuries and in England was old by the time of the Conquest. These areas were based on the territory of one or more manors, areas which in some cases derived their bounds from Roman or Iron Age estates. Parish boundaries were conservative, changing little, after 1180'froze' so that boundaries could no longer be changed at all, despite changes to manorial landholdings - though there were some examples of sub-division.
The consistency of these boundaries, up until the 19th century is useful to historians, is of cultural significance in terms of shaping local identities, a factor reinforced by the adoption of parish boundaries unchanged, by successor local government units. There was huge variation in size between parishes, for instance Writtle in Essex was 13,568 acres while neighbouring Shellow Bowells was just 469 acres, Chignall Smealy 476 acres; until the break with Rome, parishes managed ecclesiastical matters, while the manor was the principal unit of local administration and justice. The church replaced the manor court as the rural administrative centre, levied a local tax on produce known as a tithe. In the medieval period, responsibilities such as relief of the poor passed from the Lord of the Manor to the parish's rector, who in practice would delegate tasks among his vestry or the monasteries. After the dissolution of the monasteries, the power to levy a rate to fund relief of the poor was conferred on the parish authorities by the Act for the Relief of the Poor 1601.
Both before and after this optional social change, local charities are well-documented. The parish authorities were consisted of all the ratepayers of the parish; as the number of ratepayers of some parishes grew, it became difficult to convene meetings as an open vestry. In some built up, areas the select vestry took over responsibility from the entire body of ratepayers; this innovation allowed governance by a self-perpetuating elite. The administration of the parish system relied on the monopoly of the established English Church, which for a few years after Henry VIII alternated between the Roman Catholic Church and the Church of England, before settling on the latter on the accession of Elizabeth I in 1558. By the 18th century, religious membership was becoming more fractured in some places, due for instance to the progress of Methodism; the legitimacy of the parish vestry came into question and the perceived inefficiency and corruption inherent in the system became a source for concern in some places.
For this reason, during the early 19th century the parish progressively lost its powers to ad hoc boards and other organisations, for example the loss of responsibility for poor relief through the Poor Law Amendment Act 1834. Sanitary districts covered England in Ireland three years later; the replacement boards were each entitled to levy their own rate in the parish. The church rate ceased to be levied in many parishes and became voluntary from 1868; the ancient parishes diverged into two distinct, nearly overlapping, systems of parishes during the 19th century. The Poor Law Amendment Act 1866 declared all areas that levied a separate rate: C of E ecclesiastical parishes, extra-parochial areas and their analogue, chapelries, to be "civil parishes". To have collected rates this means these beforehand had their own vestries, boards or equivalent bodies; the Church of England parishes, which cover more than 99% of England, became termed "ecclesiastical parishes" and the boundaries of these soon diverged from those of the Ancient Parishes in order to reflect modern circumstances.
After 1921 each ecclesiastical parish has been the responsibility of the parochial church councils. In the late 19th century, most of the ancient irregularities inheri
Massachusetts the Commonwealth of Massachusetts, is the most populous state in the New England region of the northeastern United States. It borders on the Atlantic Ocean to the east, the states of Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, New York to the west; the state is named after the Massachusett tribe, which once inhabited the east side of the area, is one of the original thirteen states. The capital of Massachusetts is Boston, the most populous city in New England. Over 80% of Massachusetts's population lives in the Greater Boston metropolitan area, a region influential upon American history and industry. Dependent on agriculture and trade, Massachusetts was transformed into a manufacturing center during the Industrial Revolution. During the 20th century, Massachusetts's economy shifted from manufacturing to services. Modern Massachusetts is a global leader in biotechnology, higher education and maritime trade. Plymouth was the site of the second colony in New England after Popham Colony in 1607 in what is now Maine.
Plymouth was founded in 1620 by passengers of the Mayflower. In 1692, the town of Salem and surrounding areas experienced one of America's most infamous cases of mass hysteria, the Salem witch trials. In 1777, General Henry Knox founded the Springfield Armory, which during the Industrial Revolution catalyzed numerous important technological advances, including interchangeable parts. In 1786, Shays' Rebellion, a populist revolt led by disaffected American Revolutionary War veterans, influenced the United States Constitutional Convention. In the 18th century, the Protestant First Great Awakening, which swept the Atlantic World, originated from the pulpit of Northampton preacher Jonathan Edwards. In the late 18th century, Boston became known as the "Cradle of Liberty" for the agitation there that led to the American Revolution; the entire Commonwealth of Massachusetts has played a powerful commercial and cultural role in the history of the United States. Before the American Civil War, Massachusetts was a center for the abolitionist and transcendentalist movements.
In the late 19th century, the sports of basketball and volleyball were invented in the western Massachusetts cities of Springfield and Holyoke, respectively. In 2004, Massachusetts became the first U. S. state to recognize same-sex marriage as a result of the decision in Goodridge v. Department of Public Health by the Massachusetts Supreme Judicial Court. Many prominent American political dynasties have hailed from the state, including the Adams and Kennedy families. Harvard University in Cambridge is the oldest institution of higher learning in the United States, with the largest financial endowment of any university, Harvard Law School has educated a contemporaneous majority of Justices of the Supreme Court of the United States. Kendall Square in Cambridge has been called "the most innovative square mile on the planet", in reference to the high concentration of entrepreneurial start-ups and quality of innovation which have emerged in the vicinity of the square since 2010. Both Harvard University and the Massachusetts Institute of Technology in Cambridge, have been ranked among the most regarded academic institutions in the world.
Massachusetts' public-school students place among the top tier in the world in academic performance, the state has been ranked as one of the top states in the United States for citizens to live in, as well as one of the most expensive. The Massachusetts Bay Colony was named after the indigenous population, the Massachusett derived from a Wôpanâak word muswach8sut, segmented as mus "big" + wach8 "mountain" + -s "diminutive" + -ut "locative", it has been translated as "near the great hill", "by the blue hills", "at the little big hill", or "at the range of hills", referring to the Blue Hills, or in particular the Great Blue Hill, located on the boundary of Milton and Canton. Alternatively, Massachusett has been represented as Moswetuset—from the name of the Moswetuset Hummock in Quincy, where Plymouth Colony commander Myles Standish, hired English military officer, Squanto, part of the now disappeared Patuxet band of the Wampanoag peoples, met Chief Chickatawbut in 1621; the official name of the state is the "Commonwealth of Massachusetts".
While this designation is part of the state's official name, it has no practical implications. Massachusetts has powers within the United States as other states, it may have been chosen by John Adams for the second draft of the Massachusetts Constitution because unlike the word "state", "commonwealth" at the time had the connotation of a republic, in contrast to the monarchy the former American colonies were fighting against. Massachusetts was inhabited by tribes of the Algonquian language family such as the Wampanoag, Nipmuc, Pocomtuc and Massachusett. While cultivation of crops like squash and corn supplemented their diets, these tribes were dependent on hunting and fishing for most of their food. Villages consisted of lodges called wigwams as well as longhouses, tribes were led by male or female elders known as sachems. In the early 1600s, after contact had been made with Europeans, large numbers of the indigenous peoples in the northeast of what is now the United States were killed by virgin soil epidemics such as smallpox, measles and leptospirosis.
Between 1617 and 1619, smallpox killed ap
New England town
The New England town referred to as a town in New England, is the basic unit of local government and local division of state authority in each of the six New England states and without a direct counterpart in most other U. S. states. New England towns overlay the entire area of a state, similar to civil townships in other states where they exist, but they are functioning municipal corporations, possessing powers similar to cities in other states. New Jersey's system of powerful townships, boroughs and cities is the system, most similar to that of New England. New England towns are governed by a town meeting legislative body; the great majority of municipal corporations in New England are based on the town model. S. County government in New England states is weak at best, in some states nonexistent. Connecticut, for example, does Rhode Island. Both of those states retain counties only as geographic subdivisions with no governmental authority, while Massachusetts has abolished eight of fourteen county governments so far.
With few exceptions, counties serve as dividing lines for the states' judicial systems. Towns are laid out so that nearly all land within the boundaries of a state is allocated to a town or other corporate municipality. All land is incorporated into the bounds of a municipal corporation's territory, except in some sparsely populated areas of the three northern New England states. Towns are municipal corporations, with their powers defined by a combination of municipal corporate charter, state statutes, the state constitution. In most of New England, the laws regarding their authority have been broadly construed. In practice, most New England towns have significant autonomy in managing their own affairs, with nearly all of the powers that cities have in most other U. S. states. New Hampshire and Vermont follow Dillon's Rule, which holds that local governments are creatures of the state. Traditionally, a town's legislative body is the open town meeting, a form of direct democratic rule, with a board of selectmen possessing executive authority.
Only several Swiss cantons with Landsgemeinde remain as democratic as the small New England town meetings. A town always contains a built-up populated place with the same name as the town. Additional built-up places with different names are found within towns, along with a mixture of additional urban and rural territory. There is no territory, not part of a town between each town. In most parts of New England, towns are not laid out on a grid. Vermont is the leading exception to this, much of the interior of Maine was laid out as surveyed townships; the town center contains a town common used today as a small park. All residents live within the boundaries of a municipal corporation. Residents receive most local services at the municipal level, county government tends to provide few or no services. Differences among states do exist in the level of services provided at the municipal and county level, but most functions handled by county-level government in the rest of the United States are handled by town-level government in New England.
In Connecticut, Rhode Island, most of Massachusetts, county government has been abolished, counties serve as dividing lines for the judicial system. In other areas, some counties provide other limited administrative services. In many cases, the house numbers on rural roads in New England reset to zero upon crossing a town line. Residents identify with their town for purposes of civic identity, thinking of the town in its entirety as a single, coherent community. There are some cases where residents identify more with villages or sections of a town than with the town itself in Rhode Island, but this is the exception, not the rule. More than 90% of the municipalities in the six New England states are identified as towns. Other forms of municipalities that exist are based on the town concept, as well—most notably cities. Most New England cities have adopted a city form of government, with a council and a mayor or manager. Municipal entities based on the concept of a compact populated place are uncommon, such as a Vermont village or Connecticut borough.
In areas of New England where such forms do exist, they remain part of the parent town and do not have all of the corporate powers and authority of an independent municipality. Towns date back to the time of the earliest English colonial settlement, which predominated in New England, they pre-date the development of counties in the region. Areas were organized as towns as they were settled, throughout the 17th, 18th, 19th centuries. Town boundaries were not laid out on any kind of regular grid, but were drawn to reflect local settlement and transportation patterns affected by natural features. In early colonial times, recognition of towns was informal connected to local church divisions. By 1700, colonial governments had become more involved in the official establishment of new towns. Towns were governed by a town meeting form of government, as many still are today. Towns were the only form of incorporated municipality in New England; the city form of government was not introduced until much later.
Boston, for instance, was a town for the first two centuries of its existence. The entire land areas of Connecticut an
New Zealand is a sovereign island country in the southwestern Pacific Ocean. The country geographically comprises two main landmasses—the North Island, the South Island —and around 600 smaller islands. New Zealand is situated some 2,000 kilometres east of Australia across the Tasman Sea and 1,000 kilometres south of the Pacific island areas of New Caledonia and Tonga; because of its remoteness, it was one of the last lands to be settled by humans. During its long period of isolation, New Zealand developed a distinct biodiversity of animal and plant life; the country's varied topography and its sharp mountain peaks, such as the Southern Alps, owe much to the tectonic uplift of land and volcanic eruptions. New Zealand's capital city is Wellington. Sometime between 1250 and 1300, Polynesians settled in the islands that were named New Zealand and developed a distinctive Māori culture. In 1642, Dutch explorer Abel Tasman became the first European to sight New Zealand. In 1840, representatives of the United Kingdom and Māori chiefs signed the Treaty of Waitangi, which declared British sovereignty over the islands.
In 1841, New Zealand became a colony within the British Empire and in 1907 it became a dominion. Today, the majority of New Zealand's population of 4.9 million is of European descent. Reflecting this, New Zealand's culture is derived from Māori and early British settlers, with recent broadening arising from increased immigration; the official languages are English, Māori, NZ Sign Language, with English being dominant. A developed country, New Zealand ranks in international comparisons of national performance, such as quality of life, education, protection of civil liberties, economic freedom. New Zealand underwent major economic changes during the 1980s, which transformed it from a protectionist to a liberalised free-trade economy; the service sector dominates the national economy, followed by the industrial sector, agriculture. Nationally, legislative authority is vested in an elected, unicameral Parliament, while executive political power is exercised by the Cabinet, led by the prime minister Jacinda Ardern.
Queen Elizabeth II is the country's monarch and is represented by a governor-general Dame Patsy Reddy. In addition, New Zealand is organised into 11 regional councils and 67 territorial authorities for local government purposes; the Realm of New Zealand includes Tokelau. New Zealand is a member of the United Nations, Commonwealth of Nations, ANZUS, Organisation for Economic Co-operation and Development, ASEAN Plus Six, Asia-Pacific Economic Cooperation, the Pacific Community and the Pacific Islands Forum. Dutch explorer Abel Tasman sighted New Zealand in 1642 and named it Staten Land "in honour of the States General", he wrote, "it is possible that this land joins to the Staten Land but it is uncertain", referring to a landmass of the same name at the southern tip of South America, discovered by Jacob Le Maire in 1616. In 1645, Dutch cartographers renamed the land Nova Zeelandia after the Dutch province of Zeeland. British explorer James Cook subsequently anglicised the name to New Zealand. Aotearoa is the current Māori name for New Zealand.
It is unknown whether Māori had a name for the whole country before the arrival of Europeans, with Aotearoa referring to just the North Island. Māori had several traditional names for the two main islands, including Te Ika-a-Māui for the North Island and Te Waipounamu or Te Waka o Aoraki for the South Island. Early European maps labelled the islands North and South. In 1830, maps began to use North and South to distinguish the two largest islands and by 1907 this was the accepted norm; the New Zealand Geographic Board discovered in 2009 that the names of the North Island and South Island had never been formalised, names and alternative names were formalised in 2013. This set the names as North Island or Te Ika-a-Māui, South Island or Te Waipounamu. For each island, either its English or Māori name can be used. New Zealand was one of the last major landmasses settled by humans. Radiocarbon dating, evidence of deforestation and mitochondrial DNA variability within Māori populations suggest New Zealand was first settled by Eastern Polynesians between 1250 and 1300, concluding a long series of voyages through the southern Pacific islands.
Over the centuries that followed, these settlers developed a distinct culture now known as Māori. The population was divided into iwi and hapū who would sometimes cooperate, sometimes compete and sometimes fight against each other. At some point a group of Māori migrated to Rēkohu, now known as the Chatham Islands, where they developed their distinct Moriori culture; the Moriori population was all but wiped out between 1835 and 1862 because of Taranaki Māori invasion and enslavement in the 1830s, although European diseases contributed. In 1862 only 101 survived, the last known full-blooded Moriori died in 1933; the first Europeans known to have reached New Zeala
Minutes known as minutes of meeting, protocols or, notes, are the instant written record of a meeting or hearing. They describe the events of the meeting and may include a list of attendees, a statement of the issues considered by the participants, related responses or decisions for the issues. Minutes may be created during the meeting by a typist or court reporter, who may use shorthand notation and prepare the minutes and issue them to the participants afterwards. Alternatively, the meeting can be audio recorded, video recorded, or a group's appointed or informally assigned secretary may take notes, with minutes prepared later. Many government agencies use minutes recording software to record and prepare all minutes in real-time. Minutes are the official written record of the meetings of an group, they are not transcripts of those proceedings. Using Robert's Rules of Order Newly Revised, the minutes should contain a record of what was done at the meeting, not what was said by the members; the organization may have its own rules regarding the content of the minutes.
For most organizations or groups, it is important for the minutes to be terse and only include a summary of the decisions. A verbatim report is not useful. Unless the organization's rules require it, a summary of the discussions in a meeting is neither necessary nor appropriate; the minutes of certain groups, such as a corporate board of directors, must be kept on file and are important legal documents. Minutes from board meetings are kept separately from minutes of general membership meetings within the same organization. Minutes of executive sessions may be kept separately. Committees are not required to keep formal minutes. For committees, their formal records are the reports submitted to their parent body; the format of the minutes can vary depending on the standards established by an organization, although there are general guidelines. Robert's Rules of Order contains a sample set of minutes. Minutes begin with the name of the body holding the meeting and may include the place, list of people present, the time that the chair called the meeting to order.
Since the primary function of minutes is to record the decisions made, all official decisions must be included. If a formal motion is proposed and seconded this is recorded; the voting tally may be included. The part of the minutes dealing with a routine motion might note that a particular motion was "moved by Ann and passed", it is not necessary to include the name of the person who seconds a motion. Where a tally is included, it is sufficient to record the number of people voting for and against a motion, but requests by participants to note their votes by name may be allowed. If a decision is made by roll-call vote all of the individual votes are recorded by name. If it is made by general consent without a formal vote this fact may be recorded; the minutes may end with a note of the time. Minutes are sometimes submitted by the person, responsible for them at a subsequent meeting for review; the traditional closing phrase is "Respectfully submitted", followed by the officer's signature, his or her typed name, his or her title.
One of the first items in an order of business or an agenda for a meeting is the reading and approval of the minutes from the previous meeting. If the members of the group agree that the written minutes reflect what happened at the previous meeting they are approved, the fact of their approval is recorded in the minutes of the current meeting. If there are significant errors or omissions the minutes may be redrafted and submitted again at a date. Minor changes may be made using the normal amendment procedures, the amended minutes may be approved "as amended", it is appropriate to send a draft copy of the minutes to all the members in advance of the meeting so that the meeting is not delayed by a reading of the draft. Diary Gazette American Institute of Parliamentarians; the Complete Minutes Manual. American Institute of Parliamentarians. National Association of Parliamentarians. Pathways to Proficiency - What Was Done at the Meeting: A Guide to Minutes. Independence, MO: National Association of Parliamentarians.
ISBN 9781884048562. Mina, Eli. Mina's Guide to Minute Taking. Vancouver: Eli Mina Consulting. ISBN 978-0973442809
Administrative divisions of New York (state)
The administrative divisions of New York are the various units of government that provide local government services in the state of New York. The state is divided into counties, cities and villages. Cities and villages are municipal corporations with their own governments that provide most local government services. Whether a municipality is defined as a city, town, or village is dependent not on population or land area, but rather on the form of government selected by the residents and approved by the state legislature; each such government is granted varying home rule powers as provided by the New York Constitution. New York has various corporate entities that serve single purposes that are local governments, such as school and fire districts. New York has 62 counties, which are subdivided into 62 cities. In total, the state has more than 3,400 active local governments and more than 4,200 taxing jurisdictions. Counties and incorporated municipal governments in New York State have been granted broad home rule powers enabling them to provide services to their residents and to regulate the quality of life within their jurisdictions.
They do so while adhering to the United States Constitution and the Constitution of the State of New York. Articles VIII and IX of the state constitution establish the rights and responsibilities of the municipal governments; the New York State Constitution provides for democratically elected legislative bodies for counties, cities and villages. These legislative bodies are granted the power to enact local laws as needed in order to provide services to their citizens and fulfill their various obligations; the county is the primary administrative division of New York. There are sixty-two counties in the state. Five of the counties are boroughs of the city of New York and do not have functioning county governments. While created as subdivisions of the state meant to carry out state functions, counties are now considered municipal corporations with the power and fiscal capacity to provide an array of local government services; such services include law enforcement and public safety and health services, education.
Every county outside of New York City has a county seat, the location of county government. Nineteen counties operate under county charters, while 38 operate under the general provisions of the County Law. Although all counties have a certain latitude to govern themselves, "charter counties" are afforded greater home rule powers; the charter counties are Albany, Chautauqua, Dutchess, Herkimer, Nassau, Onondaga, Putnam, Rockland, Suffolk, Tompkins and Westchester. Sixteen counties are governed through an assembly with the power of a board of supervisors, composed of the supervisors of its constituent towns and cities. In most of these counties, each supervisor's vote is weighted in accordance with the town's population in order to abide by the U. S. Supreme Court mandate of "one person, one vote". Other counties have legislative districts of equal population. Most counties in New York do not use the term "Board of Supervisors." 34 counties have a County Legislature, six counties have a Board of Legislators, one county has a Board of Representatives.
The five counties, or boroughs, of New York City are governed by a 51-member City Council. In non-charter counties, the legislative body exercises executive power as well. Although the legislature can delegate certain functions and duties to a county administrator, who acts on behalf of the legislature, the legislature must maintain ultimate control over the actions of the administrator. Many, but not all, charter counties have an elected executive, independent of the legislature. In New York, each city is a autonomous incorporated area that, with the exceptions of New York City and Geneva, is contained within one county. Cities in New York are classified by the U. S. Census Bureau as incorporated places, they provide all services to their residents and have the highest degree of home rule and taxing jurisdiction over their residents. The main difference between a city and a village is that cities are organized and governed according to their charters, which can differ among cities, while most villages are subject to a uniform statewide Village Law.
Villages are part of a town, with residents who pay taxes to and receive services from the town. Cities are neither part of nor subordinate to towns except for the city of Sherrill, which for some purposes is treated as if it were a village of the town of Vernon; some cities are surrounded by a town of the same name. There are sixty-two cities in the state; as of 2000, 54.1% of state residents were living in a city. In 1686, the English colonial governor granted the cities of New York and Albany city charters, which were recognized by the first State Constitution in 1777. All other cities have been established by act of the state legislature and have been granted a charter. Cities have been granted the power to revise the
New York Supreme Court, Appellate Division
The Appellate Divisions of the Supreme Court of the State of New York are the intermediate appellate courts in New York State. There are one in each of the state's four Judicial Departments; each Appellate Division hears appeals from the superior courts in civil cases, the Supreme Court in criminal cases, the county courts in felony criminal cases in the Third and Fourth Judicial Departments. In addition, in civil cases it may hear appeals from the appellate terms of the Supreme Court when these courts have heard appeals from one of the lower trial courts. New York's rules of civil procedure allow for interlocutory appeals of right from nearly every order and decision of the trial court, meaning that most may be appealed to the appropriate appellate department while the case is still pending in the trial court. An Appellate Division may make decisions of law and fact with respect to its power to hear first appeals from state trial courts, including the Supreme Court and County Courts; these trial level courts exercise specific jurisdiction.
In contrast, both the New York Court of Appeals and the Appellate Division when it sits as a final appeals court with respect to appeals arising from decisions of the Appellate Terms in the First and Second Departments may only decide questions of law. The Appellate Division may adjudicate facts subject to specific constraints in the course of initial review of agency decisions under New York's CPLR Article 78, which provides for limited court review or agency and corporate decisions. Decisions of the Appellate Division department panels are binding on the lower courts in that department, on lower courts in other departments unless there is contrary authority from the Appellate Division of that department. If two different departments have made different rulings on the same issue the lower courts in each departmental area must follow the ruling made by the higher court for their particular department; this can sometimes result in the same law being applied differently in different departments.
When this occurs, the highest court in the state, the Court of Appeals, can remedy the situation by hearing the case and issuing a single ruling, binding on every court in the state. Every opinion and motion of the Appellate Division sent to the New York State Reporter of the New York State Law Reporting Bureau is required to be published in the Appellate Division Reports. Opinions of the appellate terms are published selectively in the Miscellaneous Reports; the First Department covers The Manhattan. Justice Rolando Acosta is this department's Presiding Justice as of May 22, 2017; the Second Department covers Queens, Staten Island, Long Island and Dutchess, Putnam and Westchester counties. This department is the largest in terms of population. Hon. Randall T. Eng, who served as this department's Presiding Justice until January 2018, was the first Asian-American judge to hold such a position in New York State. Hon. Alan Scheinkman is the current Presiding Justice; the Third Department includes an area extending from the territory of the Second Department north to New York's borders with Vermont and Quebec, includes the cities of Albany, Schenectady, Saratoga Springs, Binghamton.
This territory extends nearly as far west as Syracuse. Hon. Elizabeth A. Garry is the current Presiding Justice; the Fourth Department covers the remainder of the state, includes the cities of Buffalo and Syracuse. Hon. Gerald J. Whalen is the Presiding Justice; each department has a Character and Fitness Committee, whose members interview applicants in person for admission to the bar. Each department has a committee that investigates complaints of attorney misconduct and may issue reprimands or recommend censure, suspension, or disbarment to the Appellate Division; each case is in some instances four, justices of the Court. There is no procedure for the Court to sit en banc; some basic rules governing appeals are contained in Articles 55 and 57 of the New York Civil Practice Law and Rules. Each Department of the Appellate Division has its own individual set of rules governing more specific details of practice before that court. Prior to September 2018, unlike other states that have statewide rules of appellate procedure, there were no set of appellate rules shared by all four departments beyond those contained in the CPLR.
However, in June 2018, the Presiding Justices of the Appellate Division promulgated statewide Practice Rules of the Appellate Division, which became effective in September 2018 and are codified outside of the CPRL in 22 N. Y. C. R. R. Part 1250; the four Departments retain the ability to supplement and the uniform Rules by promulgating rules of their own. Decisions by an Appellate Division may be appealed to the state's highest court, the New York Court of Appeals. In some cases, an appeal lies of right, but in most cases, permission to appeal must be obtained, either from the Appellate Division itself or from the Court of Appeals. In civil cases, the Appellate Division panel or Court of Appeals votes on petitions for leave to appeal.