Carl Heastie is a Democratic politician from New York. Heastie has served in the New York State Assembly since 2000, was elected Speaker of the New York State Assembly on February 3, 2015. Heastie earned a B. S. in Applied Mathematics and Statistics from Stony Brook University of the State University of New York, an M. B. A. in Finance from Baruch College of the City University of New York. He is not married. Before his election to the Assembly, Heastie worked as a budget analyst for the New York City Comptroller. Heastie has worked as an adjunct professor at Monroe College. Heastie was first elected to the New York State Assembly in 2000 and represents the 83rd District, which covers the Williamsbridge, Edenwald and Baychester sections of the Northeast Bronx. Since joining the Assembly, Heastie became one of the lead negotiators for the construction of a new K-8 school in his district, he has sponsored legislation to require mandatory reporting of alleged child abuse of students in New York City.
He became Chair of the Assembly Labor Committee in 2013. Heastie became Chair of the Bronx Democratic Party in 2008, a post that he relinquished after becoming Assembly Speaker in 2015. In January 2015, Heastie's Assembly colleagues considered him a frontrunner to be elected Speaker, following the arrest of Sheldon Silver on federal corruption charges led by US Attorney Preet Bharara. On February 2, Assembly Democrats voted unanimously for Heastie to become the new Speaker, formally approved by the full Assembly the next day. Heastie is the first African-American elected to the post. One of his first New York City appearances after becoming speaker was at Al Sharpton's rally in Harlem where he told the crowd, "This is a tremendous opportunity for our community, for the first time, to have one of us sit at the table," and added "All of you are going to be sitting at that table with me for the first time". In April 2015, it was reported that, contrary to a judge's instructions, Heastie had neglected to sell a home that his mother, Helene Heastie, according to prosecutors bought with money embezzled from a nonprofit charity.
After his mother's death, Carl Heastie ceased attempts to sell the home, having been advised by his lawyer that he was no longer obligated to do so, sold it for a profit of $200,000. An independent forfeiture law expert consulted by the New York Times newspaper agreed, explaining that the judge's order was "probably unenforceable without a formal forfeiture agreement," which prosecutors had not obtained. In addition, prosecutors did not follow the judge's instructions to file a civil judgement against Heastie's mother; when asked in 2015 why no civil judgement was sought, the District Attorney's office was unable to explain why this routine filing had not occurred. In 2015, Heastie's office issued a statement about the incident, saying that "the lessons imparted to the speaker... included owning up to mistakes and taking responsibility." List of members of the New York State Assembly New York State Assembly Member Website
New York Court of Appeals
The New York Court of Appeals is the highest court in the U. S. state of New York. The Court of Appeals 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; the Chief Judge of the Court of Appeals heads administration of the state's court system, thus is known as the Chief Judge of the State of New York. The 1842 Neoclassical courthouse is located in Albany. In most U. S. states and the Federal court system the court of last resort is known as the "Supreme Court." New York, calls its trial and intermediate appellate courts the "Supreme Court," and the court of last resort the Court of Appeals. This sometimes leads to confusion. Further adding to misunderstanding is New York's terminology for jurists on its top two courts; those who sit on its Supreme courts are referred to as "Justices" – the title reserved in most states and the Federal court system for members of the highest court – whereas the members of New York's highest court, the Court of Appeals, are titled "Judges".
Appeals are taken from the four departments of the New York Supreme Court, Appellate Division to the 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. In some criminal cases, some appellate decisions by an Appellate Term or County Court are appealable to the Court of Appeals, either of right or by permission. In a few cases, an appeal can be taken from the court of first instance to the Court of Appeals, bypassing the Appellate Division. Direct appeals are authorized from final trial-court decisions in civil cases where the only issue is the constitutionality of a federal or state statute. In criminal cases, a direct appeal to the Court of Appeals is mandatory where a death sentence is imposed, but this provision has been irrelevant since New York's death-penalty law was declared unconstitutional.
Decisions from the Court of Appeals are binding authority on all lower courts, persuasive authority for itself in cases. Every opinion and motion of the Court of Appeals sent to the New York State Reporter is required to be published in the New York Reports; the New York State Unified Court System is a unified state court system that functions under the Chief Judge of the New York Court of Appeals, the ex officio Chief Judge of New York. The Chief Judge supervises the seven-judge Court of Appeals and is chair of the Administrative Board of the Courts. In addition, the Chief Judge establishes standards and administrative policies after consultation with the Administrative Board and approval by the Court of Appeals; the Chief Administrator is appointed by the Chief Judge with the advice and consent of the Administrative Board and oversees the administration and operation of the court system, assisted by the Office of Court Administration. The eleven-member New York State Commission on Judicial Conduct receives complaints and makes initial determinations regarding judicial conduct and may recommend admonition, censure, or removal from office to the Chief Judge and Court of Appeals.
The Court of Appeals promulgates rules for admission to practice law in New York. The New York State Reporter is the official reporter of decisions and is appointed by the Court of Appeals. For a complete list of Chief Judges, see List of Chief Judges of the New York Court of Appeals. For a list of Associate Judges, see List of Associate Judges of the New York Court of Appeals; the Court of Appeals was created by the New York State Constitution of 1846 to replace both the Court for the Correction of Errors and the Court of Chancery, had eight members. Four judges were elected by general ballot at the State elections, the other four were chosen annually from among the Supreme Court justices; the first four judges elected at the special judicial state election in June 1847 were Freeborn G. Jewett, Greene C. Bronson, Charles H. Ruggles, Addison Gardiner, they took office on July 5, 1847. Afterwards, every two years, one judge was elected in odd-numbered years to an eight-year term. In case of a vacancy, a judge was temporarily appointed by the Governor, at the next odd-year state election a judge was elected for the remainder of the term.
The Chief Judge was always that one of the elected judges. Besides, the Court had a Clerk, elected to a three-year term. In 1869, the proposed new State Constitution was rejected by the voters. Only the "Judicial Article", which re-organized the New York Court of Appeals, was adopted by a small majority, with 247,240 for and 240,442 against it; the Court of Appeals was wholly re-organised, taking effect on July 4, 1870. All sitting judges were legislated out of office, seven new judges were elected by general ballot at a special election on May 17, 1870. Democrat Sanford E. Church defeated Republican Henry R. Selden for Chief Judge; the tickets for associate judges had only four names each and the voters could cast only four ballots, so that four judges were chosen by the majority and two by the minority. Martin Grover was the only sitting judge, re-elected; the judges were elect
New York Surrogate's Court
The Surrogate's Court of the State of New York handles all probate and estate proceedings in the New York State Unified Court System. All wills are probated in this court and all estates of people who die without a will are handled in this court. Unclaimed property of the deceased without wills is handled by the Judge of this court, it handles adoptions. There is a Surrogate's Court in each county in the state; the judges of this court are styled the "Surrogate of County". The surrogate is elected countywide, is required to be a resident of the pertaining county; each of New York's 62 counties has one surrogate, except New York County and Kings County which have two each. Surrogates are elected to 10-year terms, except those in the five counties within New York City where surrogates are elected to 14-year terms. In some counties those with a small number of inhabitants, the judge of the County Court holds at the same time the office of surrogate. There have been frequent efforts to abolish the Surrogate's Court and redistribute its powers to the New York Supreme Court and the Family Court.
The most recent efforts stem from the corruption scandal surrounding former Brooklyn Surrogate Michael Feinberg, removed from the bench in 2005. New York State Courts Electronic Filing System Probate court for other jurisdictions Surrogate's Courthouse, building in lower Manhattan New York City Surrogate's Courts Surrogate's Court outside New York City Surrogate's Court in the New York Codes and Regulations
Brian M. Kolb is an American politician serving as the member of the New York State Assembly for the 131st district since 2000 and minority leader since 2009, he was unanimously chosen as the State Assembly Republican Leader following the resignation of Jim Tedisco and is the longest-serving legislative leader in the both the New York Senate and State Assembly. Kolb was first elected during a special election. Kolb was born in New York, he received his Associate of Arts degree from Saint Petersburg Junior College in 1980. From 1986 to 1987, he was the Town Supervisor for the Town of Richmond, therefore on the Ontario County Board of Supervisors. In 1996, he received his B. S. from Roberts Wesleyan College, he continued on to receive his M. S. in 1998. He became an adjunct professor at Roberts Wesleyan in 2000, he was co-founder of North American Filter Corp, as well as the Former President/COO of Refractron Technologies Corp. Kolb was first elected in a February 2000 special election, has been re-elected every two years since that time.
Kolb serves as Assembly Minority Leader, as Ranking Minority Member on the Committee on Rules, as a member of several other standing committees. A member of the National Rifle Association, Kolb appeared alongside the organization's controversial CEO, Wayne LaPierre, at a 2012 lobby day event in Albany. Kolb is a member of the New York State Rifle & Pistol Association. Receiving an A+ grade from them in the past. In 2017, Kolb was the only one of New York's five state legislative leaders and six statewide elected officials to support a Yes vote on the State Constitutional Convention, which lost with only 16% of the vote. Kolb is unusual among New York legislators, he is a member of the member of the Advisory Board for the Ontario ARC, a member of the Sons of the American Legion, the Knights of Columbus and the American Irish Legislators Society. National Federation of Independent Business'Guardian of Small Business Award' six times. Kolb had been named as a leading contender to challenge first-term Democrat Eric Massa for the United States House of Representatives seat representing New York's 29th congressional district in 2010.
Though his potential candidacy was never taken he has declined an opportunity to run against Kirsten Gillibrand for United States Senate, again declined to seek the 29th district seat after Massa's resignation, declined to run for Congress in 2012, this time against Democrat Kathy Hochul. On December 12, 2017, Kolb announced his intent to run for Governor of New York in 2018. Kolb resides in New York, he is married to Lauren Kolb and has three children: Britton and Kylie. He is the son, brother and uncle of veterans. New York State Assembly member website New York Republican Assembly Campaign Committee Brian M. Kolb: 2004 Politician Profile Campaign funding profile compiled by Opensecrets.org Response to New York League of Conservation Voters' Questionnaire
New York Constitution
The Constitution of the State of New York establishes the structure of the government of the State of New York, enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constitution's provisions tend to be more detailed, amended more than its federal counterpart; because the history of the state constitution differs from the federal constitution, the New York Court of Appeals has seen fit to interpret analogous provisions differently from United States Supreme Court's interpretation of federal provisions. New York State has held nine Constitutional Conventions: in 1776–1777, 1801, 1821, 1846, 1867–1868, 1894, 1915, 1938, 1967. Despite this, the state has had only four de novo constitutions in its history, those of 1777, 1821, 1846, 1894. During the 20th century, the State held three constitutional conventions, the efforts of two of which were rejected by the New York State electorate. However, portions of the seventh Convention's proposals of 1915 were adopted separately in 1925 and 1927.
The eighth Constitutional Convention of 1938, unlike all other state constitutional conventions since 1801, did not propose an new Constitution, but just modified the 1894 Constitution, from the sixth Convention, still in force. The Fourth New York Provincial Congress, resolving itself as the Convention of Representatives of the State of New York, adopted the first constitution of the state of New York on April 20, 1777; the Province of New York was established after the naval invasion and absorption of the previous Dutch Colony of New Netherlands. The original proprietor was the Duke of York, the future James II of England and James VII of Scotland and younger brother of the then-King of England, Charles I, its Colonial Charter was under authority from the Monarch, of the Kingdom of England and of Great Britain, after the Act of Union of 1707 which united England and Wales and the independent kingdom of Scotland The First Constitution of 1777, which replaced this Colonial Charter with its royal authority, for the newly independent "State of New York" was framed by a Convention which assembled at White Plains, New York, on Sunday evening, July 10, 1776.
The city was threatened with a British occupation by an invading British Army landing on Staten Island. There were repeated adjournments and changes of location, caused by the desperate war situation, with General George Washington's ragged Continental Army, forced out of New York City by crushing defeats in the New York and New Jersey campaign; the work of creating a democratic and free independent state continued by the Convention through the bitter winter with the British quartered in the City of New York and Washington's few thousand troops camped in winter quarters to the southwest in Morristown, New Jersey. The first Constitutional Convention in New York's history terminated its labors at Kingston, New York, on Sunday evening, April 20, 1777, when the new Constitution was adopted with but one dissenting vote, adjourned, it was not submitted to the people for ratification, however because of the war situation. It was drafted by John Jay, Robert R. Livingston, Gouverneur Morris, noted financier for the Revolutionary Colonial war effort.
This Constitution was a combination document, containing its own "Declaration of Independence" from Great Britain, its Constitutional Law. It called for a strong executive branch with a governor, it retained provisions from the Colonial Charter such as the substantial property qualification for voting and the ability of the Governor to prorogue the Legislature. This imbalance of power between the branches of state government kept the elite in control, disenfranchised the majority of the male New York population. Slavery was legal in New York until 1827. Under this Constitution, the lower chamber Assembly had a provision for a maximum of 70 Members, with the following apportionment: This apportionment stood unchanged until seven years after the end of the Revolutionary War, in 1790, when the First United States Census was held to correct apportionments. On the subject of enfranchisement, Article VII of the new constitution said: VII; that every male inhabitant of full age, who shall have resided within one of the counties of this State for six months preceding the day of election, shall, at such election, be entitled to vote for representatives of the said county in assembly.
The Constitutional Convention of 1801 was not convened to propose a new Constitution. Instead, it formed purely to resolve differences of interpretation of §23 of the 1777 Constitution, which provided for a Council of Appointment. Governor John Jay sent a special message to the lower chamber on February 26, 1801, t
Judiciary of New York (state)
The Judiciary of New York is the judicial branch of the Government of New York, comprising all the courts of the State of New York The Court of Appeals, sitting in Albany and consisting of seven judges, is the state's highest court. The Appellate Division of the New York State Supreme Court is the principal intermediate appellate court; the New York State Supreme Court is the trial court of general jurisdiction in civil cases statewide and in criminal cases in New York City. Outside New York City, the 57 individual County Courts hear felony criminal cases. There are a number of local courts in different parts of the state, including the New York City Civil Court and New York City Criminal Court; the system is administered by the Chief Judge of the State of New York, working with the Chief Administrative Judge, other administrative judges, the Office of Court Administration, other agencies. In general, the judicial system is composed of the appellate courts and the trial courts, consisting of the superior courts and the local courts.
The appellate courts are the: Court of Appeals Appellate Division of the Supreme Court appellate terms of the Supreme Court appellate sessions of the County CourtThe superior courts are the: Supreme Court County Court specialized courts And the inferior courts are the local courts: District Court New York City courts city courts justice courts There are other tribunals that are not considered part of the New York State Unified Court System or the judiciary proper. The New York State Court of Appeals is the state's highest court. In civil cases, appeals are taken exclusively from decisions of the Appellate Divisions. In criminal cases, depending on the type of case and the part of the state in which it arose, appeals can be heard from decisions of the Appellate Division, the Appellate Term, the County Court; the New York Supreme Court, Appellate Division is the state's second-highest court, is regionally divided into four judicial departments. It hears appeals from the superior courts in civil cases, the Supreme Court in criminal cases, the County Court 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. The court of general jurisdiction in New York is the New York Supreme Court. There is a branch of the New York Supreme Court in each of New York State's 62 counties. In New York City, the Supreme Court in each county hears all felony cases; the Supreme Court hears civil cases seeking money damages that exceed the monetary limits of the local courts' jurisdiction. The Supreme Court has exclusive jurisdiction over most cases in which a party seeks equitable relief such as an injunction, declaratory judgment actions, or proceedings for review of many administrative-agency rulings; the court has exclusive jurisdiction over matrimonial actions seeking a divorce, legal separation, or annulment of a marriage. In several counties the Supreme Court has a specialized Commercial Division that hears commercial cases; the New York State County Court operates in each county except for the five counties of New York City.
In many counties, this court hears criminal cases, only felonies as lesser crimes are handled by local courts. The Family Court has exclusive jurisdiction over certain matters involving minors, including juvenile delinquency charges, status offenses, child abuse and neglect, termination of parental rights and guardianships, it handles aspects of domestic relations disputes including child support and child custody. The Surrogate's Court exercises exclusive jurisdiction over probate and related matters, has jurisdiction over certain guardianship matters and over adoption proceedings; the Court of Claims hears actions seeking monetary damages against the State of New York itself. The judges are appointed by the Governor subject to confirmation by the State Senate. City courts handle the arraignment of felonies, try misdemeanors and lesser offenses, try civil lawsuits involving claims of up to $15,000; the New York City Criminal Court and the New York City Civil Court are the local courts in the 5 boroughs of New York City.
Some city courts have small claims parts for the informal disposition of matters involving claims of up to $5,000 and/or housing parts to handle landlord-tenant matters and housing violations. The District Court is the local criminal and civil court in Nassau County and the five western towns of Suffolk County, it arraigns felonies and tries misdemeanors and lesser offenses, as well as civil lawsuits involving claims of up to $15,000, small claims and small commercial claims up to $5000, landlord-tenant actions. Justice courts try misdemeanors and lesser offenses in villages; these courts are the starting point for all criminal cases outside cities, handle a variety of other matters including small claims, traffic ticket cases and local zoning matters. They arraign defendants accused of felonies; these courts may hear civil lawsuits invol
Sheila Abdus-Salaam was an American lawyer and judge. In 2013, after having served on the New York City Civil Court, the New York Supreme Court, the Appellate Division, Abdus-Salaam was nominated to the New York Court of Appeals and was unanimously confirmed as an Associate Judge by the New York State Senate, she was the first African-American female judge. Sheila Turner was born on March 14, 1952 in Washington, D. C. where she grew up in a working-class family with six siblings. She attended public schools there. While researching her family history as a child, she learned that her great-grandfather was a slave in Virginia. Turner obtained a bachelor's degree from Barnard College in 1974 and graduated from Columbia Law School in 1977. Among her classmates at Columbia was Eric Holder, the future United States Attorney General. Turner took her first husband's surname, Abdus-Salaam, retained it during her professional career. Before joining the bench, Abdus-Salaam worked as a staff attorney for Brooklyn Legal Services and served in the New York State Department of Law as an assistant attorney general in the civil rights and real estate financing bureaus.
She subsequently served on the New York City Civil Court, from 1992 to 1993. Abdus-Salaam was elected a Justice of the New York Supreme Court in 1993, served in that capacity from 1993 to 2009. In 2009, she was designated as a Justice of the Appellate Division of the New York Supreme Court, First Judicial Department by Governor David Paterson, she served as an Associate Justice of the Appellate Division from 2009 until 2013. On April 5, 2013, following the death of New York Court of Appeals Judge Theodore T. Jones, Abdus-Salaam was nominated by Governor Andrew Cuomo to fill the resulting vacancy on New York's highest court, she was confirmed by the New York State Senate without opposition in a voice vote held May 6, 2013. She became the first female African-American judge to serve on the New York Court of Appeals. Abdus-Salaam was seen as a liberal voice on the bench. In 2016, she authored the opinion of the Court in In Re Brooke S. B. v. Elizabeth A. C. C. A landmark decision defending the rights of non-biological parents in same-sex partnerships to seek custody or visitation in circumstances where the partners had decided to conceive and raise a child together.
Abdus-Salaam's second husband, James Hatcher, was the son of Andrew Hatcher, who worked as a press officer for John F. Kennedy, her third husband was Hector Nova, from whom she was divorced in 2005. Abdus-Salaam married her fourth husband, Episcopal priest Gregory A. Jacobs, in June 2016. Abdus-Salaam's religious affiliation has been the subject of conflicting reports. While it was reported that Abdus-Salaam was the first Muslim to serve as a judge of the New York Court of Appeals, it appears that these reports were incorrect. Following Abdus-Salaam's death, Court of Appeals spokesperson Gary Spencer stated that she had never converted to Islam, but had retained the last name of her first husband. However, in an article on Abdus-Salaam's death, NBC News described Abdus-Salaam as "the first Muslim woman to serve as a U. S. judge" and added that her family asserted that she " not been a practicing Muslim for 20 years". Abdus-Salaam was found dead near West 132nd Street in Manhattan on the afternoon of April 12, 2017.
Her clothed body was found floating in the Hudson River hours after she was reported missing from her home in Harlem. Police told reporters that there were no signs of trauma or obvious injury on her body that might indicate foul play. On April 13, police stated that the death of Abdus-Salaam appeared to be a suicide, added that she had been struggling with depression. On April 18, police told reporters that the death was considered "suspicious" due to the lack of witnesses and lack of a suicide note. An autopsy, while reaching no conclusion about the cause of Abdus-Salaam's death, found bruises on her neck and water in her lungs; the bruising could have been caused by someone choking Abdus-Salaam, or could have resulted from the recovery of her body from the river. On April 21, police said they had recovered video from the night of April 11 that showed Abdus-Salaam, dressed in the clothes in which she was found dead, walking around Riverbank State Park along the Hudson River for hours. Police added.
On May 3, the New York Police Department announced that its investigation into the death of Abdus-Salaam was complete, that investigators believed she had committed suicide. The medical examiner concluded that the cause of death was drowning and that the manner of death was suicide. Hon. Sheila Abdus-Salaam profile, nycourts.gov Abdus-Salaam, Sheila. "In Re Brooke S. B. v. Elizabeth A. C. C.". New York Court System