Thomas R Newman

July 02, 2024 | New York Law Journal

On June 28, the Supreme Court overruled 'Chevron', holding that the APA requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law because a statute is ambiguous. It is difficult to overstate the significance of this watershed decision.

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

10 minute read

May 24, 2024 | New York Law Journal

While the chief judge makes a forceful argument that bears making and repeating until all indigent defendants can be assured of "receiving a constitutionally fair trial," I respectfully question whether a concurring opinion is an appropriate place to make it.

By Thomas R. Newman

4 minute read

April 30, 2024 | New York Law Journal

We are encouraged by, and very grateful for, Chief Judge Wilson's expressed "hope that, in coming years, we will receive even more civil motions and criminal leave applications, and that we will have the opportunity to decide even more appeals."

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

7 minute read

March 05, 2024 | New York Law Journal

Because "mootness is a doctrine related to subject matter jurisdiction," it may be raised at any point in the litigation, and will be raised by the court on its own motion whenever it detects a potential mootness issue. The parties to an appeal should therefore notify the court whenever a change in circumstances may render an appeal moot.

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

9 minute read

February 20, 2024 | New York Law Journal

Thomas R. Newman of Duane Morris suggests that an increase in the number of criminal appeals heard and decided by the New York Court of Appeals is welcome.

By Thomas R. Newman

1 minute read

January 02, 2024 | New York Law Journal

This article adds to the authors' discussion from "Stare Decisis in Federal and State Courts", published to the New York Law Journal on Nov. 3, 2020, and covers the application of stare decisis in cases in New York courts.

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

7 minute read

November 28, 2023 | New York Law Journal

It was heartening to read the opinions in the 12 criminal appeals decided by the Court of Appeals on Nov. 21, at least nine of which had as their jurisdictional predicate a grant of leave by a judge of the Court of Appeals.

By Thomas R. Newman

2 minute read

October 31, 2023 | New York Law Journal

When an appellant takes an appeal from an adverse order but subsequently decides not to perfect the appeal for whatever reason, affirmative steps should be taken to withdraw the appeal, lest it be deemed abandoned and automatically dismissed.

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

11 minute read

September 05, 2023 | New York Law Journal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. highlight the Cost on Appeals statute and discuss the fees and expenses associated with successfully asserting or defending one's rights on appeal.

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

9 minute read

July 03, 2023 | New York Law Journal

Because the Appellate Division has the power to review both "questions of law and questions of fact," as well as questions involving the exercise of judicial discretion, that court has inherent power to consider a point raised for the first time on appeal in "the interest of justice."

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

11 minute read