The New York Appellate Division Fourth Department essentially must answer three questions with regards to an appeal of a lower court decision invalidating the state's new legislative and congressional maps.

First, does the panel agree with state Supreme Court Justice Patrick McAllister's ruling that the process violated a 2014 constitutional amendment because the Independent Redistricting Commission (IRC) created failed to submit two sets of maps to the Legislature for approval?

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Attorneys for the state Legislature and governor's office argued the Legislature had the authority to draw the maps if the commission did not. Some judges questioned the point of the IRC if that is the case.

"Even if you let the IRC act, it's also a useless futility. The way it's set up, according to the parliamentary power argument by the respondents, the appellates here, it's window dressing. So the IRC, according to their argument, is window dressing. We have to decide whether or not that's true," Judge John Curran said.

The second question is whether or not to uphold McAllister's decision that there is evidence of partisan gerrymandering with regards to the congressional lines — also made unconstitutional by the 2014 amendment. Finally, the court must decide, if it upholds McAllister's ruling, whether or not the invalidated maps can be used this year or if the election calendar should be shifted in order to draw new maps.

Both sides have indicated they expect this case to go to the Court of Appeals, the state's highest court, following the appellate division's ruling. An advisor for the petitioners said he expects the panel's ruling within days.