Steven J Ahmuty Jr

July 02, 2012 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, discuss a recent First Department decision involving an interesting application of the court's interest of justice jurisdiction. The majority exercised such jurisdiction to review an unpreserved claim of error in a jury instruction relating to the so-called "drug factory presumption," an exercise a strongly-worded dissent said was unwarranted under the facts of the case.

By Thomas R. Newman and Steven J. Ahmuty, Jr.

10 minute read

November 02, 2011 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write: All too often, however, reply briefs fall into one of two categories: one that merely rehashes the appellant's main arguments without replying to the respondent's opposing arguments in any meaningful fashion, or one that goes tit-for-tat with every factual and legal argument in the respondent's brief.

By Thomas R. Newman and Steven J. Ahmuty Jr.

11 minute read

January 02, 2013 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, discuss the authority to recover costs; reasons for the denial of costs; the amount of costs, including those for printing the record and briefs; and taxation of costs.

By Thomas R. Newman and Steven J. Ahmuty Jr.

11 minute read

March 04, 2009 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write that where the appellant or moving party is the State or any officer or agency of the State or of any political subdivision of the State "[s]ervice upon the adverse party of a notice of appeal or an affidavit of intention to move for permission to appeal stays all proceedings to enforce the judgment or order appealed from pending the appeal or determination on the motion for permission to appeal."

By Thomas R. Newman and Steven J. Ahmuty Jr.

9 minute read

April 25, 2003 | New York Law Journal

By Thomas R. Newman And Steven J. Ahmuty Jr.

10 minute read

January 05, 2011 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman of Duane Morris and Steven J. Ahmuty Jr. of Shaub, Ahmuty, Citrin & Spratt write that not every appeal is disposed of on the merits; an appellate court may dismiss an appeal for a number of reasons, including including, standing, timeliness and mootness.

By Thomas R. Newman and Steven J. Ahmuty Jr.

11 minute read

October 01, 2008 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write that in certain circumstances enumerated in CPLR 5602(a), "[a]n appeal may be taken to the court of appeals by permission of the appellate division granted before application to the court of appeals, or by permission of the court of appeals upon refusal by the appellate division or upon direct application."

By Thomas R. Newman and Steven J. Ahmuty Jr.

10 minute read

December 01, 2004 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, examine a recent decision from the U.S. Court of Appeals for the Second Circuit, which reiterated the procedural requirements for challenges to a jury's verdict on the grounds of insufficiency of the evidence or inconsistency of the verdict.

By Thomas R. Newman and Steven J. Ahmuty Jr.

10 minute read

April 30, 2002 | New York Law Journal

I n Summerville v. City of New York, 2002 WL 432369 (March 19, 2002), the Court of Appeals held that a governmental appellant obtains a new automatic stay under CPLR 5519(a)(1) when it appeals or files a motion for leave to appeal from an adverse order of an intermediate appellate court, even though it allowed its original automatic stay to lapse by failing to serve and file as required by CPLR 5519(e) to continue that stay.

By Thomas R. Newman And Steven J. Ahmuty Jr.

12 minute read

October 07, 2009 | New York Law Journal

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty, Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, discuss ineffective appellate counsel representation, a topic on which the Court of Appeals recently solicited amicus curiae briefs for a criminal case in which it granted leave to appeal, and People v. Turner, a case where appellate counsel failed to put forth either a statute of limitations defense or an ineffective assistance argument based on trial counsel's failure to do the same.

By Thomas R. Newman and Steven J. Ahmuty, Jr.

9 minute read