If a claim is brought by a plaintiff before the Court of Appeal of the Superior Court of Justice from the State of New York is heard by a federal judge, what effect does this have on the appeal?
MultiRegion, United States of America
The following excerpt is from Howell v. Superintendent, Fishkill Corr. Ins., (2nd Cir. 2013):
440.10, see Ylst v. Nunnemaker, 501 U.S. 797, 801 (1991) ("If the last state court to be presented with a particular federal claim reaches the merits, it removes any bar to federal-court review that might otherwise have been available.").
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