By JODI SOKOLOWSKI
Buffalo Law Journal

Today and Friday, the U.S. Court of Appeals for the 2nd Circuit will be in Buffalo to hear appeals in cases originating from Western New York.

This is the first time that the Manhattan-based federal appeals court will convene in Buffalo.

Kenneth Hiller of the Law Offices of Kenneth Hiller will present an appeal Friday morning on behalf of Cheryl Michels in her Social Security disability benefits-denial case against Michael Astrue, commissioner of the Social Security Administration.

Hiller said he would rather travel to New York City than conduct appeals via video, as the court has sometimes allowed. "You lose something over video because you don't talk (in) real time with the other person," Hiller said.

The 2nd Circuit occasionally travels to district courts - most recently to Albany, in May, and New Haven, Conn., in August. Hiller said he'd like the circuit court to return to Buffalo on a regular basis.

"It will make it more possible to appeal more cases. There are cases we choose not to appeal because of the cost. The cost is a significant impediment for litigators to get to the Court of Appeals," he said.

The U.S. District Court for the Western District of New York will host the 2nd Circuit hearings. Chief Judge Hon. Richard Arcara said the visit is an opportunity for lawyers and the public at large to familiarize themselves with the appellate process.

One of 13 U.S. courts of appeals, the 2nd Circuit hears appeals of cases decided by district courts within New York, Vermont and Connecticut. Its 13 judges hear cases on a rotating basis, three judges at a time.

The judges hearing appeals in Buffalo will be 2nd Circuit Chief Judge Hon. Dennis Jacobs and Hon. Richard Wesley, a Rochester native, and Arcara, who has been specially designated to sit on the 2nd Circuit bench for the second time.

"They're not the most exciting cases in the world, but they're dealing with important principles ... on constitutional law dealing with freedoms, the Fourth Amendment, employment discrimination," Arcara said of the 18 appeals the judges are slated to hear.

"This court is very involved in the development of the law," Arcara said.

While in Buffalo, the court's judges will hold a special admissions ceremony for Western New York lawyers wishing to be admitted to practice before the 2nd Circuit. It will be held at 4 p.m. today. More than 100 local attorneys have applied for admission.

Following the ceremony, the appellate judges will hold an informal question-and-answer session, to be followed by a reception.

The arguments will begin at 10 a.m. both days in the Michael J. Dillon U.S. Courthouse, 68 Court St. The argument calendar can be found at www.ca2.uscourts.gov/docs/calendar/oct/oct14.pdf.