NYS Appellate Division, Third Department – Albany, NY

About the Appellate Division, Third Department

The Appellate Division, Third Judicial Department is one of four intermediate appellate courts in the New York State Unified Court System. Headquartered in the Robert Abrams Building for Law and Justice at the Empire State Plaza in Albany, it exercises jurisdiction over a vast geographic area covering 28 counties, ranging from the Canadian border to the lower Catskills. This court reviews civil and criminal appeals from the trial courts within its district, including the Supreme Court, County Courts, Family Courts, and Surrogate’s Courts.

Jurisdiction and Authority

As an intermediate appellate court, the Third Department has the power to review both questions of law and fact. It serves as a critical check in the judicial process, ensuring that trials and hearings were conducted fairly and in accordance with the law. Uniquely, due to its location in the state capital, this court frequently hears appeals involving New York State government agencies, including challenges to administrative decisions under Article 78. It also oversees the admission of attorneys to the bar and manages attorney grievance committees for the district.

• Appellate Review: Hearing appeals from trial courts and state agencies.
• Attorney Regulation: Oversight of bar admissions and professional conduct.
• State Cases: Review of decisions affecting state government operations.

Court Operations

The court holds sessions in a formal courtroom located within the Justice Building. Oral arguments are open to the public, though seating may be limited. Visitors must pass through strict security screening, including metal detectors, upon entering the building. The Clerk’s Office handles the filing of briefs, records, and motions, and offers assistance with procedural questions. The Third Department is known as a ”hot bench,” meaning the justices are thoroughly prepared and actively engage with attorneys during oral arguments.