New York Chief Judge Janet DIFiore recognizes appeals "as of right" - for the gaming industry only, in order to fix a case for her benefactors

I wrote on this blog that a judge of New York State Court of Appeals Eugene Pigott claimed at the swearing-in proceeding of the new Chief Judge Janet DiFiore on February 8, 2016 that the court gets to "pick" its cases.

I also wrote that such policy was in violation of New York State Constitution and statutes establishing "as of right" appeals to the New York State Court of Appeals.

I described 4 appeals "as of right", filed on behalf of myself or my husband, that were dismissed unlawfully by the New York State Court of Appeals as if they are discretionary between 2011 and 2016, including one by Janet DiFiore personally, after I testified before New York Senate asking to investigate and prosecute DiFiore criminally for corruption instead of elevating her to the position of New York Chief Judge.

Yet, with all of the dismissals of "as of right appeals", yesterday, Janet DiFiore suddenly saw the light and admitted an appeal "as of right" to be heard by the court, and even authored the decision of the court and reversed the decision in the court below.

In that decision, she acknowledges that the appeal was "as of right":

"Respondents — PERB (and its Chairman), GOER, and the Racing Board — appeal as of right pursuant to CPLR 5601 (a)".

So, Janet DiFiore recognizes that appeals "as of right" to her court exist -  with one small exception.

Such an appeal must be filed by those who she has connections with and for whom she is willing to risk her career to fix a court case.

The appeal "as of right" in question that DiFiore fixed for the gaming industry was filed by an administrative board connected with the gaming industry, the industry with which DiFiore, her husband and her benefactor Cuomo who recently nominated her to her position as Chief Judge - have connections.

So, hallelujah! The law works - for people with connections.

We will see how the same precedent will play out if used in favor of somebody as disfavored and hated by DiFiore as I am.

I will cover the case DiFiore fixed yesterday in more detail in the next blog.

Stay tuned.