In the wake of Justice O’Connor’s death, the Supreme Court canceled yesterday’s conference. Last night, the Court formally postponed consideration of cert petitions set to be considered yesterday to next Friday.
My experience with the NY state court system isn't as broad as the federal, but my sense is this is pretty rare. In my experience, the full motion panel does the same thing as the single justice did.
Note that you should learn circuit practice on this point. In the Seventh Circuit, the trap door opens when you say "but, Your Honor, they didn't raise jurisdiction below."
Judge Willett: "We've had some loquacious lawyers this week who maybe aren't familiar with the lighting system. When the red light turns on, that means wrap it up, and then the trap door opens."
www.ca5.uscourts.gov/OralArgRecor...
