Singing Like a Cannataro in a Coal Mine

The Meaning of Judge Anthony Cannataro’s Uptick in Dissents 

By Gianluca A. Alonzi

Gianluca A. Alonzi graduated Cum Laude from Albany Law School in 2024. Prior to attending Albany Law School, he earned a B.A. in Criminology from Penn State University.

Gianluca currently works for the Albany County District Attorney’s Office in the City Court Unit.

He wrote this paper for Professor Bonventre's Court of Appeals Intensive Seminar.

An interesting pattern that has begun to emerge in the New York Court of Appeals under the leadership of Chief Judge Rowan Wilson is the sudden increase in dissenting opinions written by Judge Anthony Cannataro. Cannataro was appointed in 2021 and never wrote a dissent until October of 2023. Since then, he has dissented in more than ten cases. 

There are a multitude of reasons why a judge may dissent and many times a close reading “between the lines” is necessary to fully understand why. 

This paper examines the background of the Court under the leadership of both former-Chief Judge Janet DiFiore and current-Chief Judge Rowan Wilson, along with the substance of Cannataro’s dissents. The purpose is to seek some underlying reasons why Judge Cannataro has become a dissenter, and what this may suggest about the state of New York’s highest court.

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To read the paper, open HERE.

State Const'l Comm/Chief Judge Cooke Symposium

 State Constitutional Commentary is an annual issue of the Albany Law Review dedicated to the examination of state constitutional law in its broadest sense, from the widest possible range of perspectives. "State constitutional law" itself is meant to encompass all varieties of law—common law, statutes, constitutional provisions, court decisions, etc.—that fall within the expanse often referred to simply as "public law."

Organization and History

Professor Vincent Martin Bonventre, Faculty Advisor of the Albany Law Review, is the founder and Editor of State Constitutional Commentary. In its early years, this special annual issue was assisted by the advice of a Professional Board of jurists and scholars from law and law-related fields, including New York Chief Judge Lawerence H. Cooke, Arizona Chief Justice Stanley G. Feldman, California Justice Stanley Mosk, Utah Chief Justice Christine Durham, Wisconsin Chief Justice Shirley Abrahamson, Canisus College Professor  Peter Galie, and John Jay Professor Barry Latzer, and Rutgers Professor Stanley H. Friedelbaum who previously published State Constitutional Commentaries & Notes, the predecessor of State Constitutional Commentary.

The Annual Chief Judge Lawrence H. Cooke State Constitutional Commentary Symposium
In the Spring of 2007, the Albany Law Review inaugurated an annual tradition of honoring the late New York Chief Judge Lawrence H. Cooke by holding a Symposium in his name.

For the 2024 Cooke Symposium, the recently appointed New York Chief Judge Rowan Wilson and former Chief Judge Jonathan Lippman shared notes on presiding over the state's highest court and of the state's judiciary. Transcript available at THE EMINENCE AND EXPERIENCE—AND EXHAUSTION—OF BEING NEW YORK’S CHIEF JUDGE

New York's Chief Judge Jonathan Lippman moderated a panel of state Chief Justices from around the country for High Courts, Center Seat: Chief Justices at Albany Law, the 2015 Cooke Symposium.

Link to a video of the event HERE.
Link to initial flyer HERE.


The 2014 Chief Judge Cooke Symposium: state supreme courts from around the country and the New York Solicitor General on Exceeding Federal Standards. 

More information, HERE.

In 2013, the Judges of the NY Court of Appeals: The Untold Secrets of Eagle Street.

For more information, click HERE.
Complete transcript available HERE.


In 2012, The State of State Courts, brought Chief Justices Shirley Abrahamson of Wisconsin, Christine Durham of Utah, and Chase Rogers of Connecticut to speak on a wide array of issues facing state court, in a free wheeling discussion moderated by New York Chief Judge Jonathan Lippman.

In 2011,  the Cooke symposium was Great Women, Great Chiefs featuring three of the nation's most eminent jurists. Chief Justice Margaret Marshall of the Massachusetts Supreme Judicial Court, Chief Justice Marsha Ternus from the Iowa Supreme Court, and Chief Justice Jean Toal of the South Carolina Supreme Court shared their insights as the presiding members of the highest court and the judicial branch of their respective states.

In 2010, Wrongful Convictions: Understanding and Addressing Criminal Injustice, the moderator, New York Chief Judge Jonathan Lippman, led a discussion on the origins of and modern solutions to wrongful convictions. To view a video of the event, please click HERE.

A break from the Wrongful Convictions symposium, 2010

In 2009, Tough Call: State High Court Judges on Making Their Hardest Decisions, the panel included Acting Chief Justice Maureen McKenna Goldberg of  Rhode Island, Associate Justice (retired) John M. Greaney of Massachusetts, Senior Associate Justice Flemming L. Norcott, Jr. of Connecticut, and Associate Judge Robert S. Smith of New York.  A podcast of the event is available HERE.


In 2008, Judges on Judges, featured the entire New York Court of Appeals speaking about their favorite judges in the court's history.

In 2007, the inaugural year, the symposium featured a Discussion with the Chief Justices, a  panel that included Chief Justices James Hannah of Arkansas, Christine Durham of Utah, and Shirley Abrahamson of Wisconsin, as well as then-Chief Judge Judith S. Kaye of New York to whom the symposium was dedicated.

Dissenting v. New York's Special Duty Rule

Bellacosa in Kircher Illuminated the Inflexibility; Wilson in Howell Sparks Hope for Reform

By Priscilla C. Capuano

Priscilla Capuano is a 2024 graduate of Albany Law School. Prior to attending law school, Priscilla earned her bachelor’s degree from Siena College, where she majored in Philosophy and minored in Creative Arts.

Priscilla interned at the Albany County District Attorney’s Office in the summer of 2022. She continued her work there by completing a field placement over the fall of 2022, and volunteering in the spring of 2023. During the summer of 2023, Priscilla worked as a Summer Associate for Goldman Sachs. In the fall of 2023, she completed a field placement in the chambers of the Honorable Mae D’Agostino.

Priscilla was on Albany Law School’s Criminal Appellate Travel Team where she competed in the 2023 Herbert Wechsler National Criminal Law Moot Court Competition. She also competed in the 2023 Domenick L. Gabrielli Appellate Advocacy Moot Court Competition, where she competed as a finalist, and won the third best oral advocate award. She and her partner won the 2023 McGovern Senior Prize Trials. As the Managing Editor for Production, Research, and Writing, on the Journal of Science and Technology, Priscilla was involved in organizing and running the Journal Write-on Competition in the summer of 2023. She also served as Executive Editor for the Center of Judicial Process from the fall of 2023 to the spring of 2024. She is

starting her legal career as a law clerk in Westchester County.

For decades, the “special duty rule” has been a source of longstanding confusion and controversy in the New York State Courts. Generally, a municipality will not be held civilly liable for injuries resulting from the police’s failure to provide general protection to its citizens, unless the plaintiff can establish the existence of a “special duty.”

The New York State Court of Appeals’ decisions reveal that the special duty exception is narrowly applied to municipal liability cases. The court’s consistently narrow application is apparent even in cases involving gruesome violence against victims and instances of horrific police work. 

Judge Joseph Bellacosa’s 1989 dissent in Kircher v. Jamestown and Judge Rowan Wilson’s 2022 dissent in Howell v. City of New York both showcase the Judges’ disbelief, disapproval, and disappointment in the majority’s decisions narrowly applying the special duty rule in cases with particularly egregious circumstances. 

Moreover, they assert that these cases are more than mere “sympathetic circumstances” decided under a “catechetical” interpretation of the special duty rule, but an opportunity to “adjust the common-law doctrines of negligence and special duty as fairness and justice require.” The question remains whether Judge Wilson’s Court will seize the opportunity to make appropriate adjustments or adhere to the narrow application of the special duty rule as “settled law.”

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To read the paper, open HERE.

Center Editorial Board, 2024-2025

Director

Vincent Martin Bonventre

Editor-in-Chief

Matt Montag is a third-year student at Albany Law School. Prior to attending Albany Law, Matt worked for four years as a legislative aide in the Colorado State Senate.

Matt is a member of the Albany Law Review and the Albany Law School Tenant’s Rights Pro Bono Project. Last year, he completed a field placement with the Honorable Mae A. D'Agostino, District Court Judge for the Northern District of New York. He has also interned with the Legal Aid Society of Rochester, New York, where he represented tenants facing eviction, and with Read and Laniado, LLP, a law firm specializing in renewable energy and utility law. This fall, Matt is participating in the Immigration Law Clinic at the Justice Center.

Matt holds a bachelor’s degree in Journalism and Mass Communication with a minor in Political Science from the George Washington University. His other experiences include interning for Congresswoman Louise Slaughter; working on various political campaigns, including as the campaign manager for a victorious state house candidate in Colorado; and serving as a COVID-19 contact tracer.  

Executive Editor

Hannah Hoyt is a member of the class of 2025 at Albany Law School. Prior to law school, she graduated Summa Cum Laude from Union College. She earned a bachelor’s degree in Political Science with departmental honors and minors in Sociology and Science, Medicine, and Technology in Culture.

Throughout college, Hannah worked part-time for the Wadsworth Center of the New York State Department of Health. She is a contributing author to an article published in the Journal of Clinical Microbiology, titled “Determination of Genomic Epidemiology of Historical Clostridium perfringens Outbreaks in New York State by Use of Two Web-Based Platforms: National Center for Biotechnology Information Pathogen Detection and FDA GalaxyTrakr.”

At Albany Law, Hannah is an Executive Board Member of the Tenants’ Rights Pro Bono Project and has participated in the Donna Jo Morse Client Counseling and Negotiations Competitions. In the Spring of 2024, she joined the Community Economic Development Clinic in Albany Law’s Justice Center.

During the last two summers, Hannah was an intern for the City of Albany Corporation Counsel.

Executive Editor

Alexandra Manoussos is a third-year student at Albany Law School on a Founders’ Scholarship. She is a liaison for the New York State Academy of Trial Lawyers and is currently working for a New York City personal injury firm as a law clerk. She previously clerked at the boutique firm of Powers & Santola, LLP.

Prior to law school, Alexandra earned Bachelor’s Degrees in English and Politics and International Affairs at Wake Forest University.  Between undergraduate school and law school, Alexandra worked as a Co-Director for field operations in a county political campaign. 

Executive Editor

Rachel Proctor will graduate in December 2024 from Albany Law School. Prior to attending law school, Rachel earned a Bachelor’s Degree in economics and a Master of Business Administration at St. John’s University. 

Following the bar examination, Rachel will be working as an Attorney at a boutique Matrimonial and Family Law Firm that she has called home since 2018, The Law Firm of Poppe & Associates, PLLC, based in New York, NY.

In Rachel’s free time, she enjoys spending summers in the Hudson Valley with her family and friends, winemaking with her fiancé, Michael, and beagling at the local hunt club with her beagle, Nebbiolo.

Executive Editor

Andrew Fay is a second-year student at Albany Law School on a President’s Scholarship. He earned his Bachelor’s Degree in both Physics and History at Davidson College, where his undergraduate dissertation examined developments in the Eisenhower Administration’s outer space policy following the launch of Sputnik I. In 2020, he graduated from the University of Edinburgh with a Master of Science in Contemporary History, where he examined the Nixon Administration’s communications policy in Nixon’s first term. During and after the pandemic, Andrew worked in several administrative, policy, and appropriations roles in Washington, D.C., which inspired him to apply to law school.

After interning with the Chambers of Hon. Lawrence E. Kahn at the Northern District of New York this past summer, Andrew looks forward to continuing his legal education with an eye toward Constitutional Law and Civil Litigation. He currently serves as subeditor on the Albany Law Review, a fellow with the Government Law Center, and as a Sponsler Fellow for Civil Procedure.

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For previous years' boards, click HERE.  

The Supreme Court’s Code of Conduct

An Analysis and the Likelihood of Success

By Kayla A. Curtin

Kayla Curtin is a 2024 graduate of Albany Law School. She was raised on her family’s potato farm in rural Steuben County, New York.

Prior to attending law school, Kayla earned dual bachelor’s degrees from Le Moyne College in history and political science. During law school, Kayla served as a law clerk at the Barbaruolo Law Firm and served as a bankruptcy fellow at Legal Aid of Western New York (LAWNY).

Kayla is beginning her legal career as an Assistant Public Defender for the Monroe County Public Defender’s Office in Rochester, New York.

Scandal is not a new concept to the United States Supreme Court. In the last several years, members of the current Roberts Court have faced scrutiny from the American public regarding their activities outside the courtroom. On November 13, 2023, the United States Supreme Court issued its first-ever Judicial Code of Conduct, based on the Judicial Code of Conduct set forth by the American Bar Association and the United States Code of Judicial Conduct.

The Supreme Court’s Code of Conduct is a direct response and an attempt at bandaging the oozing wound of controversy that has surrounded the Roberts Court. But the Supreme Court has been hearing cases where the Justices should have recused themselves due to acts of impropriety and other causes for decades. Despite all of this, the Code lacks methods of enforcement and other important procedural details for the Justices to follow regarding disqualification and recusal.

The first part of this paper will introduce the three codes of conduct and a brief background on their effectiveness, focusing on disqualification and recusal. The second part of this paper is a comparison of the three codes of conduct. Here, the paper makes an inference as to whether the Supreme Court’s Code goes far enough in terms of disqualification and recusal. Further, the paper examines whether the Justices are capable of being the ones to decide when they are disqualified or should recuse themselves. The third part of this paper is an analysis of past cases in which judges have refused to recuse themselves.  It also infers, based on the Supreme Court’s Code, whether the result would be different if the same or similar situation were to occur again. The fourth and final part of this paper is a conclusion and a proposal that if the Supreme Court does not propose additional canons or an effective enforcement mechanism, the Code may come to be known as a flimsy Band-Aid to cover a long history of controversy.

Author's Note: While this paper is critical of the judicial system, its purpose is not to lead readers to believe all judges fail to abide by the codes of conduct mentioned in this paper. Rather, this paper focuses on some of the more infamous failures to recuse, encourages all judges to continue holding themselves accountable, and acknowledges the importance of a partisan judge.

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To read the paper, open HERE.

Supremely Conservative Replacements

By Paige Gottorff

Paige Gottorff is a recent graduate of the Class of 2024 at Albany Law School.

Prior to attending law school, Paige earned a degree in Legal Studies at Grand Valley State University, Michigan, where she was a member of the Women’s Lacrosse Team. 

At Albany Law School, Paige served as Managing Editor for Research and Writing for the Government Law Review, Vol. 17, where she worked on the Writing Competition and edited second-year students’ notes and comments. She was also a member of the Albany Law Negotiations Travel Team and the Albany Law Student Trial Advocacy Competition Travel Team.  Additionally, Paige competed in numerous in-house moot court competitions.

Following the bar examination, Paige will be working as an Associate Attorney for Vahey Law Offices, PLLC, in Rochester, NY.

The United States Supreme Court has recently been on a history-making streak.  And not for admirable reasons, but for the alarming regularity with which the Court has been stripping individuals of their rights.

The current bench is the most conservative panel the Court has seen in ninety years.  This is frightening when pondering the trend expected regarding basic human rights cases about which the Court grants certiorari and opts to conceal from public scrutiny by deciding through the shadow docket.

Since the earliest of times, death has been a valid punishment for crimes with minuscule societal impact.  As history progressed, methods of execution began at the most barbaric levels and slowly shifted to consider the ethics of executing a fellow human being.  Presently, “more than seventy percent of the world’s countries have abolished capital punishment in law or practice.”  But in 2022, the United States was in the top five of the world’s countries that performed executions--fewer only than China, Iran, Saudi Arabia, and Egypt.

As a vast majority of death penalty cases are petitioned to the Supreme Court, the nine Justices who don the black robe are the same ones who “okay” the executions.  How has the United States gone from abolishing the death penalty to reinstating it and using it the fifth most frequently in the world?  A closer look at the individuals who have made and are currently making these critical decisions may give us a sense of what is really going on at this country's “Court of Last Resort.”

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To read the paper, open HERE.

Roberts’ Strategy as Chief Justice

Narrow or Not Amidst Recent Court Shifts?

By Priscilla Capuano

Priscilla Capuano is a graduating third-year student at Albany Law School. Prior to attending law school, she earned her bachelor’s degree from Siena College, where she majored in Philosophy and minored in Creative Arts.

While in law school, Priscilla interned at the Albany County District Attorney’s Office in the summer of 2022. She continued her work there by completing a Field Placement over the fall of 2022 and by volunteering in the spring of 2023. During the summer of 2023, Priscilla worked as a Summer Associate for Goldman Sachs. In the fall of 2023, she completed a field placement in the chambers of the Honorable Mae D’Agostino.

Priscilla was a member of Albany Law School’s Criminal Appellate Travel Team where she competed in the 2023 Herbert Wechsler National Criminal Law Moot Court Competition. She also competed in the 2023 Domenick L. Gabrielli Appellate Advocacy Moot Court Competition, where she was a finalist, and won the third best oral advocate award. She and her partner won the 2023 McGovern Senior Prize Trials.

As the Managing Editor for Production, Research, and Writing on the Journal of Science and Technology, Priscilla was involved in organizing and running the Journal's Write-on Competition in the summer of 2023. Until graduation, she is continuing her involvement in the Journal of Science and Technology and is serving as an Executive Editor for the Center of Judicial Process.

Amidst scandal, controversial decisions, and dramatic ideological shifts on the Court, Chief Justice Roberts attempts to maintain the Court’s reputation and legitimacy.

However, Roberts does not wield his former power as the deciding vote in closely divided cases. Roberts’ diminished power on the Court was hastened by the replacement of two liberal fixtures with new conservative Justices, tipping the balance of the Court to an overwhelmingly conservative majority. 

While Roberts does not dominate the Court as he did in recent years, as Chief Justice, he decides who writes the majority as long as he is not in dissent. The author of the majority opinion has a profound impact on the law, and has discretion over how broadly or narrowly the Court rules. Roberts’ proclivity to render narrow rulings is now in conflict with the conservative majority’s broad and dramatic decisions. Furthermore, a non-partisan and legitimate court is not easily achieved on a Court that renders partisan and often controversial decisions.

Thus, it is questionable how Roberts will achieve his goals on the distinctly conservative Court. Although it is unlikely that Roberts will regain his former power or lead a Court that is above legitimate reproach, he can implement different strategies to maximize results that best align with his vision for the Court.

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To read the paper, open HERE.

Being Chief Judge with Rowan Wilson and Jonathan Lippman, April 25

Albany Law School's Annual Cooke Symposium

Open to the Community

Rowan Wilson and the Injured Plaintiff

Trying to Avoid Insult upon Injury During the DiFiore Court

By Lukas Moller

Lukas Moller is a 2023 graduate of Albany Law School. He grew up in Altamont, NY. Prior to law school, Lukas received his Bachelor of Arts, Summa Cum Laude, in Honors History from SUNY Albany.

While at Albany Law School, Lukas interned for the Albany County District Attorney’s Office, Goldman Sachs Ayco Personal Wealth  Management, and the United States Attorney’s Office for the Northern District of New York.

Lukas joined Goldman Sachs Ayco Personal Wealth Management after graduation, focusing on tax, trust and estates, and securities matters. Lukas wrote this paper for Professor Bonventre’s Court of Appeals Seminar.

The great Court of Appeals Judge Benjamin Cardozo characterized dissents as “the gladiator making the last stand against the lions.”[1]  For now-Chief Judge Rowan Wilson, the lions had been the more conservative majority in the DiFiore Court.

Judge Wilson joined the Court of Appeals in 2017 when he was selected by then-governor Andrew Cuomo after six nominations to the court.[2] The DiFiore Court was riddled with split decisions and unsigned memoranda, with strong dissents often spearheaded by then-Associate Judge Wilson and Associate Judge Jenny Rivera.

The attention delegated to the minority opinions has been dominated by criminal procedure.[3] Dissents by Judge Wilson, such as those in People v. Tiger[4] and People v. Dawson,[5] have gained notable attention for the “indifference to justice” by the majority to highlight what many see as a weakened court.[6] But more attention should be given to civil cases, especially personal injury cases, both for what they say and what they do not say.

Much like in criminal cases, Judge Wilson’s decisions in the personal injury context provide insight into the direction that he plans to steer New York's highest court as the new Chief Judge. This paper will focus on the opinions of Judge Wilson, mostly dissents, in divided court decisions in plaintiff injury cases to contextualize the frame of mind of the DiFiore Court and Wilson's disagreement therewith. 

  [1] BENJAMIN N. CARDOZO, LAW AND LITERATURE AND OTHER ESSAYS AND ADDRESSES 34 (F.B. Rothman 1986).

  [2] Vincent Bonventre, NY Chief Judge Nominee Rowan Wilson (Part 1), NEW YORK COURT WATCHER (Apr. 15, 2023), http://www.newyorkcourtwatcher.com/2023/04/ny-chief-judge-nominee-rowan-wilson.html.

  [3] See Symposium, The Role of the “Victim” in the Criminal Legal System: Rotten Social Background and Mass Incarceration: Who Is a Victim?, 87 BROOK. L. REV. 1299 (2022); Jonathan Cantarero, Fixing Appeal Waivers in New York, 84 ALB. L. REV. 189, 207 (2021).

  [4] People v. Tiger, 32 N.Y.3d 91 (2018).

  [5] People v. Dawson, 38 N.Y.3d 1055 (2022).

  [6] Vincent Bonventre, NY Chief Judge Nominee Rowan Wilson (Part 2), NEW YORK COURT WATCHER (Apr. 16, 2023), http://www.newyorkcourtwatcher.com/2023/04/part-2-ny-chief-judge-nominee-rowan.html.

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To read the paper, open HERE.