Elliott Scheinberg

July 09, 2018 | New York Law Journal

Part I, yesterday, began the analysis of whether standing has a jurisdictional impact by examining the epicenter of appellate review, the doctrine of preservation, standing, subject matter jurisdiction, and the treatment of standing in the First Department. Part II continues the analysis.

By Elliott Scheinberg

14 minute read

July 06, 2018 | New York Law Journal

This article argues that the most recent pronouncements from the Court of Appeals advance the conclusion that standing is jurisdictional, albeit, plainly, not subject matter, may not be waived, and may be raised for the first time on appeal.

By Elliott Scheinberg

5 minute read

March 30, 2018 | New York Law Journal

Judicial notice of adjudicative-type facts is a matter of decisional law. The test is whether the fact rests upon knowledge or sources so widely accepted and unimpeachable that it need not be evidentiarily proven, such as calendar dates and geographical locations. Decisional authority has broadened the application of judicial notice to appeals.

By Elliott Scheinberg

11 minute read

May 17, 2017 | New York Law Journal

Elliott Scheinberg writes: The recent First Department decision in 'Powell v. City of New York' is a brow furrowing lesson to the unwary would-be appellant that within the fundamental appellate principles of preservation of issues and aggrievement, perceived as absolute and immutable, lurks a potential trap.

By Elliott Scheinberg

26 minute read

September 15, 2016 | New York Law Journal

Elliott Scheinberg examines Maddaloni v. Maddaloni, important to the appellate bar as a matter of first impression: It is the first published decision, wherein the Second Department articulates its firm position that orders embedded in post-trial decisions that have not yet been reduced to judgment are neither appealable nor enforceable.

By Elliott Scheinberg

1 minute read

July 08, 2016 | New York Law Journal

Elliott Scheinberg writes: The absence of a statutory right to either a direct appeal from a sua sponte order or any form of immediate review therefrom, akin to CPLR 5704, constitutes a void in appellate jurisprudence that imposes onerous consequences on the party who, perhaps due to no wrongdoing on his part, finds himself on the wrong side of the order.

By Elliott Scheinberg

28 minute read

September 16, 2015 | New York Law Journal

Elliott Scheinberg writes: Assuming an attorney-for-the-child declines to pursue an appeal of a custody order, may a custodial parent who was granted the full relief sought and therefore is not aggrieved, appeal and argue, for the first time, that the court erred in failing to have further narrowed its award to a noncustodial parent; the foundation of the argument being that, by not having looked beyond the demand, the court did not fully exercise its role of parens patriae on behalf of the child?

By Elliott Scheinberg

16 minute read

September 15, 2015 | New York Law Journal

Elliott Scheinberg writes: Assuming an attorney-for-the-child declines to pursue an appeal of a custody order, may a custodial parent who was granted the full relief sought and therefore is not aggrieved, appeal and argue, for the first time, that the court erred in failing to have further narrowed its award to a noncustodial parent; the foundation of the argument being that, by not having looked beyond the demand, the court did not fully exercise its role of parens patriae on behalf of the child?

By Elliott Scheinberg

16 minute read

December 11, 2014 | Commercial Litigation Insider

Out-of-state attorneys routinely steeped in contract negotiations, whose breaches or enforcement may ultimately bring them to either of the courthouses on Foley Square or to New York's International Arbitration Center, must attain an intimate knowledge of the fundamental and advanced principles of New York contract law. "New York Contract Law: A Guide for Non-New York Attorneys," by Glen Banks of Norton Rose Fulbright, addresses that need in exceptional fashion.

By Elliott Scheinberg

5 minute read

December 10, 2014 | New York Law Journal

Out-of-state attorneys routinely steeped in contract negotiations, whose breaches or enforcement may ultimately bring them to either of the courthouses on Foley Square or to New York's International Arbitration Center, must, therefore, attain an intimate knowledge of the fundamental and advanced principles of New York contract law. "New York Contract Law: A Guide for Non-New York Attorneys," by Glen Banks of Norton Rose Fulbright, addresses that need in exceptional fashion.

By Elliott Scheinberg

5 minute read