Supreme Court of the United States · Official docket →

Dawn Mosby v. Matthew G. Parilla

Paid petition · Court of Appeals of New York, No. 2017-1052 · judgment January 16, 2018

Certiorari denied · December 3, 2018

Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Appellate Division, Second Department, part of the New York State Judiciary, violated the State Constitution's separation of powers doctrine by having acted in the place and stead of the Legislative branch of the government, when it effectively amended the strictest of all its Civil Practice Rules and Law by permitting Defendant to litigate his appeal despite the fact that he filed a three months late notice of appeal, and then, it impermissibly, allowed him to appear and argue not only the merits of the dental malpractice action, but to obtain affirmative relief as well, something only the New York State LegislatuEe had the power and authority to have enacted?

For petitioner
Judith Ellen Stone
Judith Ellen Stone, Esq., Attorney at Law

For respondent
Jennine A. Gerrard
Malapero Prisco & Klauber LLP

Conference history
Distributed for 1 conference

Dec 03 2018
Petition DENIED.
Nov 07 2018
DISTRIBUTED for Conference of 11/30/2018.
Nov 01 2018
Waiver of right of respondent Matthew G. Parilla to respond filed.
Jul 25 2018
Petition for a writ of certiorari filed. (Response due November 5, 2018)