Elliott Scheinberg

August 04, 2021 | New York Law Journal

Part I of this three-part column reviewed a recent decision in an old departmental schism as to whether the time-honored method for settling cases by way of on-the-record-open-court agreements supersedes the three procedural requirements in Domestic Relations Law §236B(3) to create enforceable marital agreements. Part II studies the history of the departmental rift and examines the dissent in that recent decision.

By Elliott Scheinberg

10 minute read

June 28, 2021 | New York Law Journal

This column reviews a recent decision in a rapidly approaching four-decade old departmental schism as to whether the time-honored legislative method for settling cases by way of on-the-record-open-court agreements (per CPLR 2104) supersedes the three procedural requirements in Domestic Relations Law §236B(3) to create enforceable marital (prenuptial and postnuptial) agreements.

By Elliott Scheinberg

16 minute read

June 17, 2021 | New York Law Journal

This article explores a doctrine that has also been applied by appellate courts in criminal cases to dismiss an appeal by defendant who is a fugitive from justice during the pendency of his or her appeal.

By Elliott Scheinberg

15 minute read

April 27, 2021 | New York Law Journal

The First Department reaffirmed that "injunctive relief [must be sought] at each stage of the proceeding."

By Elliott Scheinberg

3 minute read

April 23, 2021 | New York Law Journal

This second part of a two-part article on the appealability of evidentiary rulings and orders from in limine motions continues with in limine motions to preclude or permit expert witnesses, including preclusion applications grounded on inadequate disclosure.

By Elliott Scheinberg

15 minute read

April 22, 2021 | New York Law Journal

The nonappealability of evidentiary rulings and orders from in limine motions, even when made on notice, are exceptions to the general rule regarding appeals as of right as set forth in CPLR 5701(a)(2).

By Elliott Scheinberg

11 minute read

March 01, 2021 | New York Law Journal

A memorandum of law has no evidentiary value and may only be included in the record on appeal as evidence of issue preservation. DiLorenzo v. Windermere…

By Elliott Scheinberg

12 minute read

January 14, 2021 | New York Law Journal

Part II of this two-part article will focus on the consequences from a failure to seek injunctive relief during the pendency of an appeal to preserve the status quo in construction cases, recently treated in 'City of Ithaca v. New York State Dept. of Envtl. Conservation'.

By Elliott Scheinberg

14 minute read

January 13, 2021 | New York Law Journal

In addition to its inherent power to issue broad stays, two statutes confer authority upon the Appellate Division to grant interim injunctive relief during the pendency of an appeal (after the filing of the notice of appeal): the lengthy, widely known CPLR 5519 and the very brief, lesser familiar, CPLR 5518. Part I of this two-part article studies the distinctions between these statutes and their general applications.

By Elliott Scheinberg

14 minute read

December 01, 2020 | New York Law Journal

This article is the second of a two-part analysis of a reemerged issue, brought to the forefront by 'Charalabidis v. Elnagar' and 'Matter of Cassini', wherein two courts did not issue written decisions and orders following written motions thereby rendering those orders nonappealable.

By Elliott Scheinberg

12 minute read