New York Supreme Court
The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in county courts.
New York is the only state where supreme court is a trial court rather than a court of last resort. Also, although it is a trial court, the Supreme Court sits as a "single great tribunal of general state-wide jurisdiction, rather than an aggregation of separate courts sitting in the several counties or judicial districts of the state." The Supreme Court is established in each of New York's 62 counties.
A separate branch of the Supreme Court called the Appellate Division serves as the highest intermediate appellate court in New York.
History
Origins
The Assembly of the Province of New York established the "New York Supreme Court of Judicature" with the same common law jurisdiction as the English Courts of King’s Bench, Common Pleas and Exchequer.The 1691 statute was entitled "An Act for the Establishing Courts of Judicature for the Ease and benefit of each respective City, Town and County within this Province." The preamble of the statute stated that "he orderly Regulation and the establishment of Courts of Justice throughout this Province as well in the Respect of Time as place doth tend very much to the honor and Dignity of the Crowne as well as to the Ease and benefit of the Subject."
The 1691 statute stated that "there shall be held and kept a Supreame Court of Judicature, which shall be Duely & Constantly kept att the City of New Yorke and not Elsewhere, att the everall & Respective times hereafter mentioned. And that there be five Justices att Least appointed & Commissionated to hold the same Court, two whereof together with one Chief Justice to be a Quorum. Which Supreame Court are hereby full Impowered and Authorized to have Cognizance, of all pleas, Civill Criminall, and Mixt, as fully and amply to all Intents & purposes whatsoever, as the Court of Kings Bench, Common Pleas & Exchequer within their Majestyes Kingdome of England, have or ought to have..." This original Supreme Court did not have the powers of a Court of Equity — that jurisdiction was vested in the New York Court of Chancery.
In the colonial era, the Chief Justice and the two associate judges were appointed by the Royal Governor. The Supreme Court judges were both trial judges and appellate judges. Trials were held in New York City for very difficult civil cases and major criminal cases. The judges also traveled to the county seat of each county every few months to hold trials as a circuit court. Judgments from County court and courts of a local Justice of the peace could be appealed to Supreme Court. Supreme Court judgments could be appealed to the Royal Governor and his council. The court of last resort was the Privy Council in London, which could accept cases where the amount involved was over 300 English Pounds ; the amount increased to 500 pounds in 1753.
Post-independence
After the United States Declaration of Independence New York State enacted its first State Constitution in 1777. Supreme Court continued as a trial court of general jurisdiction and an appellate court for decisions of lesser courts. General terms of the full five member court were held in New York City and Albany, with a Utica term added in 1820 and a Rochester term added in 1841. Starting in 1805, Supreme Court commissioners were appointed in most counties to deal with routine non-trial legal issues. The 1822 New York constitution reduced Supreme Court to three justices but divided the state into eight judicial districts with an appointed circuit judge in charge of each.Prior to the 1846 State constitution, the New York State judiciary was organized as much by tradition and practice as it was by statute and rules.
1846 and 1894 constitutional changes
The 1846 New York State constitution dramatically reorganized the judiciary and Supreme Court. Gone were the circuit judges and Supreme Court commissioners. Now all trial judges were "justices' of the Supreme Court, a minimum of 32. A 'general term' of panels of Supreme Court justices was the direct predecessor of the intermediate appellate organization now known as the Appellate Division. The Court of Appeals was formally established as the State's highest Court. Judges were appointed to fixed terms. And the Court of Chancery was abolished; Supreme Court became a court with jurisdiction over both law and equity.New York's next constitution, in 1894, formally established the Appellate Division of Supreme Court and created the four appellate departments.
There have been significant changes in how the courts of the Judiciary of New York are administered, and many lower courts were consolidated in a constitutional amendment in 1961. The practices and procedures have also been modified and updated through the years. But the basic structure of Supreme Court, with trial justices elected by judicial districts, with four appellate departments for intermediate appeals and the Court of Appeals as the highest court in the state, remain unchanged from the 1847 and 1894 constitutions.
Jurisdiction
Under the New York State Constitution, the New York State Supreme Court has unlimited jurisdiction in both civil and criminal cases, with the exception of certain monetary claims against the State of New York itself. In practice, the Supreme Court hears civil actions involving claims above a certain monetary amount that puts the claim beyond the jurisdiction of lower courts. Civil actions about lesser sums are heard by courts of limited jurisdiction, such as the New York City Civil Court, or the County Court, District Court, city courts, or justice courts outside New York City.The Supreme Court also hears civil cases involving claims for equitable relief, such as injunctions, specific performance, or rescission of a contract, as well as actions for a declaratory judgment. The Supreme Court also has exclusive jurisdiction of matrimonial actions, such as either contested or uncontested actions for a divorce or annulment. The court also has exclusive jurisdiction over "Article 78 proceedings" against a body or officer seeking to overturn an official determination on the grounds that it was arbitrary, capricious and unreasonable or contrary to law.
At English Common Law, the lord chancellor, not as a part of his equitable jurisdiction, but as the king's delegate to exercise the Crown's special jurisdiction, had responsibility for the custody and protection of infants and the mentally incapacitated. Upon the organization of the Supreme Court in New York the Legislature transferred so much of the law as formed a part of the king's prerogative to it. The Appellate Divisions of the Supreme Court are responsible for oversight of the related programs.
With respect to criminal cases, the Criminal Branch of Supreme Court tries felony cases in the five counties of New York City, whereas they are primarily heard by the County Court elsewhere. Misdemeanor cases, and arraignments in almost all cases, are handled by lower courts: the New York City Criminal Court; the District Court in Nassau County and the five western towns of Suffolk County; city courts; and justice courts.
Structure
Judicial districts
Under the New York State Constitution and by state statute, as of 2025, the courts of New York, including Supreme Court, are divided into thirteen judicial districts, each representing specific counties:First judicial district: New York County.
Second judicial district: Kings County.
Third judicial district: Albany, Columbia, Greene, Rensselaer, Schoharie, Sullivan, and Ulster counties
Fourth judicial district: Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, St. Lawrence, Saratoga, Schenectady, Warren and Washington counties.
Fifth judicial district: Herkimer, Jefferson, Lewis, Oneida, Onondaga, and Oswego counties.
Sixth judicial district: Broome, Chemung, Chenango, Cortland, Delaware, Madison, Otsego, Schuyler, Tioga and Tompkins counties.
Seventh judicial district: Cayuga, Livingston, Monroe, Ontario, Seneca, Steuben, Wayne and Yates counties.
Eighth judicial district: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming.
Ninth judicial district: Dutchess, Orange, Putnam, Rockland and Westchester.
Tenth judicial district: Nassau and Suffolk counties.
Eleventh judicial district: Queens County.
Twelfth Judicial District: Bronx County.
Thirteenth Judicial District: Richmond County
Once every ten years the State Legislature may increase or decrease the number of judicial districts or alter the composition of judicial districts. The 12th Judicial District was created in 1981. The 13th Judicial District was created in 2007.
Appellate Division
Appeals from Supreme Court decisions, as well as from the Surrogate's Court, Family Court, and Court of Claims, are heard by the New York Supreme Court, Appellate Division. This court is intermediate between the New York Supreme Court and the New York Court of Appeals.There is one Appellate Division, which for administrative purposes comprises four judicial departments.
The First Department consists of the 1st and 12th Judicial Districts. The Second Department consists of the 2th, 9th, 10th 11th and 13th Judicial Districts. The Third Department consists of the 3rd, 4th and 6th Judicial Districts. The Fourth Department consists of the 5th, 7th and 8th Judicial Districts.
Decisions of the Appellate Division department panels are binding on the lower courts in that department, and also on lower courts in other departments unless there is contrary authority from the Appellate Division of that department.