TOP STATE COURT IS CALLED UNABLE TO PERFORM ROLE
A study of appellate justice in New York has found that the state's highest court is too busy hearing relatively unimportant cases to perform its principal task of defining and clarifying the law. The study, which was requested by the court, cited ''a cluster of problems that pose a threat to the quality of judicial review.'' It recommended that the court, the State Court of Appeals, be given much greater discretion to select its own cases so that it could be free to address major constitutional issues and to reconcile conflicting lower-court rulings. The study also proposed a number of other changes in the state's overall appellate system, which it called ''possibly the most complex structure of appellate justice of any state in the nation.''

