New York — On June 20, 2017, former NYCAL Justice Peter Moulton issued a new case management order (New CMO) in NYCAL and an accompanying decision with respect to same. The NYCAL defendants did not consent to the New CMO. ACT’s prior post on the New CMO is available here. NYCAL defendants subsequently appealed.
On March 22, 2018, the Appellate Division, First Department, determined that the New CMO did not do not deprive defendants of due process and Justice Moulton, pursuant to certain court rules, had the authority to promulgate the CMO without consent of the defendants even though a number of protocols and procedures did not conform to New York’s procedural statutes.