February 28, 2023 | New York Law Journal
Federal Review of an Administrative Agency's Statutory InterpretationUnlike the relatively straightforward de novo standard of review of the legal determinations of a court, judicial review of an administrative agency's legal determinations is more complex, especially with respect to an agency's interpretation of a statute or regulation.
By Thomas R. Newman and Steven J. Ahmuty Jr.
11 minute read
January 03, 2023 | New York Law Journal
The Role of Judges of the Court of AppealsJustice Ketanji Brown Jackson's approach to judging—to evaluate the facts and interpret and apply the law to the facts of the case without fear or favor—should be the norm for all appellate judges, including judges of our Court of Appeals.
By Thomas R. Newman and Steven J. Ahmuty Jr.
10 minute read
November 01, 2022 | New York Law Journal
Post-Judgment Appeals of Prior Non-Final OrdersAlmost every type of non-final order is separately appealable to the Appellate Division as of right, about the only qualification being that it "involves some part of the merits" or "affects a substantial right."
By Thomas R. Newman and Steven J. Ahmuty Jr.
10 minute read
September 06, 2022 | New York Law Journal
'Dobbs' and the Doctrine of Stare DecisisIn this edition of their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the reasons why the majority in 'Dobbs' concluded that the doctrine of stare decisis did not require continued acceptance of 'Roe' and 'Casey'.
By Thomas R. Newman and Steven J. Ahmuty Jr.
12 minute read
July 05, 2022 | New York Law Journal
Concurring and Dissenting Opinions in the Court of AppealsIn their Appellate Practice column, Thomas Newman and Steven Ahmuty Jr. consider the role of concurring and dissenting opinions in a state court of last resort.
By Thomas R. Newman and Steven J. Ahmuty Jr.
15 minute read
May 03, 2022 | New York Law Journal
Clerk's Annual Report for the Court of AppealsIn their Appellate Practice column, Thomas Newman and Steven Ahmuty examine the 2021 annual report of the clerk of the Court of Appeals—"a document crammed full of information that will be of interest not only to appellate practitioners and dedicated court watchers, but to anyone seeking to learn the role and operation of our state's highest tribunal."
By Thomas R. Newman and Steven J. Ahmuty Jr.
7 minute read
March 01, 2022 | New York Law Journal
The Basics of Oral ArgumentIn their Appellate Practice column, Thomas Newman and Steven Ahmuty discuss the many benefits of oral argument and suggest that "the default should almost always be to opt for oral argument in cases where the court rules permit it."
By Thomas R. Newman and Steven J. Ahmuty Jr.
10 minute read
January 04, 2022 | New York Law Journal
The Concept of AppealabilityJudging by the volume of decisions dismissing appeals on the court's own motion for lack of appealability, practitioners often overlook appealability before embarking upon the time and expense of an appeal.
By Thomas R. Newman and Steven J. Ahmuty Jr.
8 minute read
November 02, 2021 | New York Law Journal
Ethical Considerations on AppealIn their Appellate Practice column, Thomas Newman and Steven Ahmuty Jr. caution attorneys that their ethical obligations do not come to an end when an appealable order or judgment is entered against their client in the trial court.
By Thomas R. Newman and Steven J. Ahmuty Jr.
7 minute read
September 01, 2021 | New York Law Journal
Motions for Reargument in the Court of AppealsThe 2019 Annual Report of the Clerk of the Court of Appeals contains a table showing that during the period 2015-2019 of 131 motions for reargument of appeals, none was granted; of 317 motions for reargument of motions, only one was granted.
By Thomas R. Newman and Steven J. Ahmuty Jr.
8 minute read
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