August 14, 2007 | New York Law Journal
Appellate PracticeThomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write that the concept of finality is intricate and confusing and probably the least well understood aspect of Court of Appeals' practice. Each year, the Court dismisses numerous appeals on the ground that the order appealed from does not finally determine the action or proceeding within the meaning of the state Constitution.
By Thomas R. Newman and Steven J. Ahmuty Jr.
10 minute read
February 05, 2002 | New York Law Journal
Appellate Practice: Preparation of the Record on AppealCPLR 5526 prescribes the contents of the record on appeal. On an appeal from a final judgment, the record consists of the notice of appeal, the judgment-roll (see CPLR 5017[b]), the corrected transcript of the proceedings if a trial or hearing was held, any relevant exhibits, any other reviewable order (see CPLR 5501[a]), and any opinions in the case.
By Thomas R. Newman And Steven J. Ahmuty Jr.
9 minute read
March 05, 2002 | New York Law Journal
Appellate PracticeU nder New York law, an order denying a motion for reargument of a prior motion is not appealable. A purported appeal from such an order will therefore be dismissed. Conversely, an order granting reargument is appealable, even though the court may adhere to its prior decision and the outcome is the same as though reargument had been denied. The difference between a motion for reargument and one for renewal is significant in terms of appellate consequences. An order denying a motion for renewal of a prior mo
By Thomas R. Newman And Steven J. Ahmuty Jr.
8 minute read
April 24, 2003 | New York Law Journal
Appellate PracticeBy Thomas R. Newman And Steven J. Ahmuty Jr.
10 minute read
January 05, 2005 | New York Law Journal
Appellate PracticeThomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write that, in New York state practice, an order of the Supreme Court denying a motion for summary judgment is immediately appealable to the Appellate Division, as of right, by the unsuccessful movant. Finality is not required.
By Thomas R. Newman and Steven J. Ahmuty Jr.
9 minute read
November 03, 2004 | New York Law Journal
Appellate PracticeThomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, examine Computech International, Inc. v. Compaq Computer Corp., which contains an excellent discussion of partial final judgments pursuant to Rule 54(b) of the Federal Rules of Civil Procedure.
By Thomas R. Newman and Steven J. Ahmuty Jr.
10 minute read
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