Dutrow loses appeal

[pointman]

Originally Posted by parsixfarms

He'll have one more shot to get the New York Court of Appeals to hear the case (very much a longshot). From the article, it sounds as if the current stay would be lifted once all state court appeal options are exhausted. That should occur by year end.

I suppose he could seek to collaterally attack the state court rulings in federal court, but that also would be a longshot. In addition, federal courts are generally less likely to grant an injunction to preserve the status quo during the pendency of any federal court proceeding than their state court counterparts would be. In other words, he would probably have to pursue any federal court remedies while not training.

This is a very correct list of his options at this point. The Court of Appeals hears a very small percentage of cases that they are requested to hear. The conflict issue is interesting and may give him a better chance than most, but his chances of actually getting his case before the Court of Appeals are very small. The end of the road is near.