Zervos v. Trump: New York's Highest Court Refuses Appeal

Professor Ruthann Robson, City University of New York (CUNY) School of Law

On its own motion, the New York Court of Appeals (NY's highest court) dismissed the appeal by Donald Trump in Trump v. Zervos.

From its decision list, the court's entire "opinion" reads:

On the Court's own motion, appeal dismissed,without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

Motion for a stay dismissed as academic.

Recall that in May, the appellate division in New York denied President Trump's motion for a stay, in a summary decision.  Recall that in March, the state trial judge ruled the lawsuit for defamation by Summer Zervos against now-President Trump could proceed, denying a motion to dismiss or to stay by Trump based on his presidential status. The trial judge decided that the holding of  the United States Supreme Court in its unanimous 1997 decision of Clinton v. Jones that then-President Clinton was subject to suit in federal court extended to state court.

Petitioning the United States Supreme Court for a stay would be the next step if the president wants to halt the defamation lawsuit against him for as long as he is president. Otherwise, the case will proceed including presumably discovery which would mean a deposition of the president.