Rob Rosborough
@nysappeals.bsky.social
New York appellate lawyer. Author and editor of the New York Appeals blog (https://nysappeals.com) and NYSBA CasePrepPlus Newsletter. CPLR aficionado a/k/a nerd. The Adirondacks are my happy place.
The NY Appellate Division, First Department. With my argument this afternoon, I will have had the pleasure of arguing in the Court of Appeals and each of the Appellate Division departments, achieving the appellate cycle (if that was a thing).
April 2, 2025 at 4:06 PM
The NY Appellate Division, First Department. With my argument this afternoon, I will have had the pleasure of arguing in the Court of Appeals and each of the Appellate Division departments, achieving the appellate cycle (if that was a thing).
Pizza Friday became Pizza Saturday this week. Still delicious!! Hope you all are having a great weekend!
March 16, 2025 at 12:26 AM
Pizza Friday became Pizza Saturday this week. Still delicious!! Hope you all are having a great weekend!
It’s been months since I’ve been able to properly celebrate Pizza Friday. So happy to have it back! Hope you all have a great one!
March 8, 2025 at 12:50 AM
It’s been months since I’ve been able to properly celebrate Pizza Friday. So happy to have it back! Hope you all have a great one!
Happy first Pizza Friday of the new year! Hope you have a great one!
January 4, 2025 at 12:45 AM
Happy first Pizza Friday of the new year! Hope you have a great one!
When can the police justify a warrantless search under the plain view exception? Not when they have to manipulate the evidence first before discovering its criminal nature, the Fourth Department recently held. Take a look: nysappeals.com/2024/12/06/n...
NYSBA CasePrepPlus Newsletter 11.22.24: When Can the Police Justify a Warrantless Search Under the Plain View Exception?
The Fourth Amendment to the United States Constitution protects us from unreasonable searches and seizures. Warrantless searches presumptively violate that constitutional right, unless the po…
nysappeals.com
December 6, 2024 at 4:18 PM
When can the police justify a warrantless search under the plain view exception? Not when they have to manipulate the evidence first before discovering its criminal nature, the Fourth Department recently held. Take a look: nysappeals.com/2024/12/06/n...
Does a County owe a special duty to a child placed in foster care? The Second Department held that it does, disagreeing with prior rulings of the First and Fourth Department. That conflict provides a basis for the issue to head to the Court of Appeals. Take a look: nysappeals.com/2024/11/22/n...
NYSBA CasePrepPlus Newsletter 11.15.24: Does a County Owe a Special Duty to a Child Placed in Foster Care?
The Second Department decided two very significant cases recently, both of which could head next to the Court of Appeals. First, the Court departed from the holdings of the First and Fourth D…
nysappeals.com
November 22, 2024 at 4:28 PM
Does a County owe a special duty to a child placed in foster care? The Second Department held that it does, disagreeing with prior rulings of the First and Fourth Department. That conflict provides a basis for the issue to head to the Court of Appeals. Take a look: nysappeals.com/2024/11/22/n...
Reposted by Rob Rosborough
If anyone would like to support their goal to raise $25,000 for cancer research, my son’s fundraising link is here: charity.pledgeit.org/codeforcance...
Support Henry R - Coding for Cancer
I'm excited to join this incredible initiative! The Jimmy Fund's mission is very important to me and I'm proud to help them make a difference. I will participate in a Coding for Cancer fundraiser whe...
charity.pledgeit.org
November 22, 2024 at 12:18 AM
If anyone would like to support their goal to raise $25,000 for cancer research, my son’s fundraising link is here: charity.pledgeit.org/codeforcance...
Reposted by Rob Rosborough
My kids are supporting their amazing technology teacher in her goal to raise funds for Dana Farber Cancer Institute through Coding for Cancer. The news was at our school recently to cover the amazing story: www.news10.com/community/lo...
Local students learn code to raise money for cancer after teacher’s diagnosis
A technology teacher at St. Clement’s School in Saratoga Springs is using her cancer diagnosis to create a meaningful lesson for her students.
www.news10.com
November 22, 2024 at 12:17 AM
My kids are supporting their amazing technology teacher in her goal to raise funds for Dana Farber Cancer Institute through Coding for Cancer. The news was at our school recently to cover the amazing story: www.news10.com/community/lo...
My kids are supporting their amazing technology teacher in her goal to raise funds for Dana Farber Cancer Institute through Coding for Cancer. The news was at our school recently to cover the amazing story: www.news10.com/community/lo...
Local students learn code to raise money for cancer after teacher’s diagnosis
A technology teacher at St. Clement’s School in Saratoga Springs is using her cancer diagnosis to create a meaningful lesson for her students.
www.news10.com
November 22, 2024 at 12:17 AM
My kids are supporting their amazing technology teacher in her goal to raise funds for Dana Farber Cancer Institute through Coding for Cancer. The news was at our school recently to cover the amazing story: www.news10.com/community/lo...
Reposted by Rob Rosborough
State constitutions matter greatly, folks.
Good morning, nerds. Have you awoken this morning thinking that what’s missing in your life is an article that calls out law schools for devaluing state con law?
@elliemargolis.bsky.social and I are here for you.
papers.ssrn.com/sol3/papers....
@elliemargolis.bsky.social and I are here for you.
papers.ssrn.com/sol3/papers....
What Law Schools Teach When They Don’t Teach About State Constitutions
State constitutional law has always been an essential component of federalism and a key to understanding the fabric of American law. It is even more important t
papers.ssrn.com
November 18, 2024 at 1:36 PM
State constitutions matter greatly, folks.
Picture you took (no description) to bring some zen to the timeline.
November 17, 2024 at 5:33 AM
Picture you took (no description) to bring some zen to the timeline.
The NY Court of Appeals rejected the latest constitutional challenge to New York’s post-COVID absentee ballot vote counting rules. Take a look: nysappeals.com/2024/11/15/n...
NYSBA CasePrepPlus Newsletter 11.8.24: NY Court of Appeals Rejects the Latest Constitutional Challenge to New York’s Absentee Ballot Vote Counting Rules
What happens when absentee ballots are being counted and the canvassers disagree on whether the voter’s signature on the envelope matches their signature on the polling record? Under an amend…
nysappeals.com
November 15, 2024 at 1:33 PM
The NY Court of Appeals rejected the latest constitutional challenge to New York’s post-COVID absentee ballot vote counting rules. Take a look: nysappeals.com/2024/11/15/n...
Introduce yourself with some jobs you have done apart from what you do now:
- Dishwasher
- Census worker
- Kodak photo paper maker
- Industrial painter
- HR intern in art school
- Then law related stuff.
- Dishwasher
- Census worker
- Kodak photo paper maker
- Industrial painter
- HR intern in art school
- Then law related stuff.
Introduce yourself with some jobs you have done apart from what you do now (with what they called me then):
-McDonald's crew
-Busboy
-Paperboy
-Night watchperson/janitor, public pool
-Teacher of English as a foreign language
-McDonald's crew
-Busboy
-Paperboy
-Night watchperson/janitor, public pool
-Teacher of English as a foreign language
Introduce yourself with some jobs you have done apart from what you do now (law librarian edition):
* Corporate bankruptcy attorney
* Pharmacy tech
* Associate at various clothing/department stores
* Movie theater concessions
* Vermiculture worm sales (my 1st & only business, unsuccessful sadly)
* Corporate bankruptcy attorney
* Pharmacy tech
* Associate at various clothing/department stores
* Movie theater concessions
* Vermiculture worm sales (my 1st & only business, unsuccessful sadly)
November 13, 2024 at 2:20 AM
Introduce yourself with some jobs you have done apart from what you do now:
- Dishwasher
- Census worker
- Kodak photo paper maker
- Industrial painter
- HR intern in art school
- Then law related stuff.
- Dishwasher
- Census worker
- Kodak photo paper maker
- Industrial painter
- HR intern in art school
- Then law related stuff.
When can the NY Court of Appeals decline to hear a novel question of state law certified to it by the Second Circuit? It did just that last week. Take a look: nysappeals.com/2024/11/08/n...
NYSBA CasePrepPlus Newsletter 11.1.24: When Can the New York Court of Appeals Decline to Take Up Certified Questions From the Second Circuit?
The New York Court of Appeals did something this week that it rarely does. After the United States Court of Appeals for the Second Circuit certified a novel question of state law to the Court…
nysappeals.com
November 8, 2024 at 2:06 PM
When can the NY Court of Appeals decline to hear a novel question of state law certified to it by the Second Circuit? It did just that last week. Take a look: nysappeals.com/2024/11/08/n...
Are tenured teachers entitled to statutory due process hearings before facing consequences for violating a condition of employment? The N.Y. Court of Appeals answered that question recently. Take a look: nysappeals.com/2024/11/01/n...
NYSBA CasePrepPlus Newsletter 10.25.24: Are Tenured Teachers Entitled to Statutory Due Process Hearings Before Facing Consequences for Violating a Condition of Employment?
The Court of Appeals is back this week with its first opinions of the 2024-25 term, providing useful guidance for when tenured teachers are entitled to statutory hearings under Education Law § …
nysappeals.com
November 2, 2024 at 12:46 PM
Are tenured teachers entitled to statutory due process hearings before facing consequences for violating a condition of employment? The N.Y. Court of Appeals answered that question recently. Take a look: nysappeals.com/2024/11/01/n...
Can a commercial lender be immune from New York’s 6-year statute of limitations to bring a mortgage foreclosure action? The Second Department answered that question recently. Take a look: nysappeals.com/2024/10/25/n...
NYSBA CasePrepPlus Newsletter 10.18.24: Can a Commercial Lender Be Immune From New York’s 6-Year Statute of Limitations to Bring a Mortgage Foreclosure Action?
Can a commercial lender be immune from New York’s 6-year statute of limitations to bring a mortgage foreclosure action? The Second Department took the opportunity recently to clarify that although …
nysappeals.com
October 25, 2024 at 4:58 PM
Can a commercial lender be immune from New York’s 6-year statute of limitations to bring a mortgage foreclosure action? The Second Department answered that question recently. Take a look: nysappeals.com/2024/10/25/n...
Does New York’s Revenge Porn statute confer personal jurisdiction over social media users, in addition to the websites? The First Department answered that question recently. Take a look: nysappeals.com/2024/10/18/n...
NYSBA CasePrepPlus Newsletter 10.11.24: Does New York’s Revenge Porn Statute Confer Personal Jurisdiction in New York Over Social Media Users?
Does New York’s Revenge Porn Statute authorize the courts to exercise personal jurisdiction over people who post intimate images online that are viewable in New York, or just over the websites that…
nysappeals.com
October 18, 2024 at 2:22 PM
Does New York’s Revenge Porn statute confer personal jurisdiction over social media users, in addition to the websites? The First Department answered that question recently. Take a look: nysappeals.com/2024/10/18/n...
NYSBA CasePrepPlus Newsletter 3.22.24: Can Out-of-State Residents Bring Claims for Employment Discrimination Under the New York State and New York City Human Rights Laws? The Court of Appeals answered that question, and many others last week. Check it out: nysappeals.com/2024/03/28/n...
NYSBA CasePrepPlus Newsletter 3.22.24: Can Out-of-State Residents Bring Claims for Employment Discrimination Under the New York State and New York City Human Rights Laws?
The Court of Appeals is back with an important opinion on whether the employment discrimination protections offered under the New York City and New York State Human Rights Law apply to those who live ...
nysappeals.com
March 28, 2024 at 8:34 PM
NYSBA CasePrepPlus Newsletter 3.22.24: Can Out-of-State Residents Bring Claims for Employment Discrimination Under the New York State and New York City Human Rights Laws? The Court of Appeals answered that question, and many others last week. Check it out: nysappeals.com/2024/03/28/n...
Can a scrivener’s error take a guarantor off the hook for a $44 million debt? AD1 says nope, not when it’s clear that the parties intended the guarantor to be liable in the event of default, and it was just a mistake in drafting. Take a look: nysappeals.com/2024/03/20/n...
NYSBA CasePrepPlus Newsletter 3.15.24: Can a Scrivener’s Error Take a Guarantor Off the Hook for a $44 Million Debt?
It’s not every day that the New York appellate courts face a $44 million scrivener’s error in a contract. As the First Department explained this week, when the contract makes clear its true intent, th...
nysappeals.com
March 20, 2024 at 7:43 PM
Can a scrivener’s error take a guarantor off the hook for a $44 million debt? AD1 says nope, not when it’s clear that the parties intended the guarantor to be liable in the event of default, and it was just a mistake in drafting. Take a look: nysappeals.com/2024/03/20/n...
Taking us back to our first year law school contracts class, the Second Department answers whether a contract must have enumerated consideration to be valid. (Hint, it does). Take a look: nysappeals.com/2024/03/13/n...
NYSBA CasePrepPlus NewsLetter 3.8.24: Taking Us Back to First Year Law School Contracts, the Second Department Answers Whether a contract Must have enumerated consideration to be valid?
This week’s Newsletter is full of civil procedure questions for New York practice nerds like me. The First Department tackled forum non conveniens and the thorny pleading requirements necessary to est...
nysappeals.com
March 13, 2024 at 4:01 PM
Taking us back to our first year law school contracts class, the Second Department answers whether a contract must have enumerated consideration to be valid. (Hint, it does). Take a look: nysappeals.com/2024/03/13/n...
Must name and sex designation change proceedings be sealed to protect transgender and nonbinary individuals from harassment? The Appellate Division, Third Department said yes, sealing is mandatory. Take a look: nysappeals.com/2024/03/05/n...
NYSBA CasePrepPlus Newsletter 3.1.24: Must Name and Sex Designation Change Proceedings be Sealed to Protect Transgender and Nonbinary Individuals From Harassment?
The Court of Appeals finishes up its opinions from the January argument session with cases addressing whether the court system’s COVID-19 safety precautions for jury trials during the pandemic violate...
nysappeals.com
March 5, 2024 at 3:01 PM
Must name and sex designation change proceedings be sealed to protect transgender and nonbinary individuals from harassment? The Appellate Division, Third Department said yes, sealing is mandatory. Take a look: nysappeals.com/2024/03/05/n...
Can the presence of COVID-19 in the air of restaurants be a compensable “direct physical loss” under a New York insurance policy? The NY Court of Appeals decided that and many other issues last week: nysappeals.com/2024/02/29/n...
NYSBA CasePrepPlus Newsletter 2.23.24: Can the Presence of COVID-19 in Restaurants Qualify as Compensable Direct Physical Loss Under an Insurance Policy?
The Court of Appeals is back with new opinions about the meaning of the language “direct physical loss or damage” in insurance policies and whether a threat of litigation can constitute adverse action...
nysappeals.com
February 29, 2024 at 4:20 PM
Can the presence of COVID-19 in the air of restaurants be a compensable “direct physical loss” under a New York insurance policy? The NY Court of Appeals decided that and many other issues last week: nysappeals.com/2024/02/29/n...
NY trial court rejects Congresswoman Elise Stefanik’s constitutional challenge to the NY Early Mail Voter Act, holding that the Legislature has authority to determine the methods of permitted absentee voting. nysappeals.com/2024/02/19/n...
NYSBA CasePrepPlus Newsletter 2.16.24: New York Trial court Rejects Congresswoman Elise Stefanik’s Constitutional Challenge to the New York Early Mail Voter Act
This week, our most interesting case comes not from one of New York’s appellate courts (at least not yet), but from our trial courts. In Supreme Court, Albany County, the court dismissed Congresswoma...
nysappeals.com
February 19, 2024 at 1:38 PM
NY trial court rejects Congresswoman Elise Stefanik’s constitutional challenge to the NY Early Mail Voter Act, holding that the Legislature has authority to determine the methods of permitted absentee voting. nysappeals.com/2024/02/19/n...
I thought we learned our lesson the first time that a lawyer cited fake cases generated by Chat GPT. Apparently not. Now CA2 has weighed in, cautioning that FRCP Rule 11 prohibits citing fake cases and sending another lawyer for potential discipline for doing so. nysappeals.com/2024/02/14/n...
NYSBA CasePrepPlus Newsletter 2.9.24: ChatGPT Strikes Again, and the Second Circuit Strikes Back
I thought we learned our lesson the first time a lawyer cited cases that were fabricated by ChatGPT. Apparently not. Now, the Second Circuit has had to weigh in, send another lawyer for potential di...
nysappeals.com
February 14, 2024 at 8:55 PM
I thought we learned our lesson the first time that a lawyer cited fake cases generated by Chat GPT. Apparently not. Now CA2 has weighed in, cautioning that FRCP Rule 11 prohibits citing fake cases and sending another lawyer for potential discipline for doing so. nysappeals.com/2024/02/14/n...
After a long week, I’m honored to announce that Pizza Friday has been declared #NationalPizzaDay! I’m celebrating the honor tonight with two of my favorites. Have a great weekend!
February 9, 2024 at 11:01 PM
After a long week, I’m honored to announce that Pizza Friday has been declared #NationalPizzaDay! I’m celebrating the honor tonight with two of my favorites. Have a great weekend!