If the Appellate Division has spoken on an issue and the Court of Appeals has not spoken on that issue, which holds controlling statewide?

• A. The Appellate Division's holding
• B. The Court of Appeals' dicta
• C. The legislature's interpretation
• D. There is no controlling authority

Answer: (A)

The main idea is how binding authority is determined when the highest court hasn’t spoken yet. In New York, the Court of Appeals is the final say for statewide law, but if it hasn’t ruled on a particular issue, the most recent Appellate Division ruling on that issue serves as the controlling rule for all courts in the state until the Court of Appeals weighs in. This is because the Appellate Division is the next level of authoritative interpretation within the state court system, and its decision provides the current, applicable standard to be applied consistently across cases while awaiting guidance from the Court of Appeals. The Court of Appeals could later overrule it, but until then, the Appellate Division decision governs.

The other possibilities don’t fit as well. A Court of Appeals decision would be binding statewide, but it hasn’t spoken yet in this scenario. The Court of Appeals’ dicta aren’t binding controlling law, only the actual holding of a controlling court. The legislature’s interpretation isn’t binding in the courts unless it’s enacted into statute or otherwise adopted by the judiciary. And there is a controlling authority in this context, so there isn’t no controlling authority.