Thomas R Newman

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

May 02, 2023 | New York Law Journal

Like those of her predecessors, Judge Lisa A. LeCour's report is full of information that will be of interest not only to appellate practitioners and dedicated court watchers, but to anyone seeking to learn about the role and operation of our state's highest tribunal at a time when the governor's appointment of a new Chief Judge and an Associate Judge has been a much-publicized matter of public interest and debate.

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

7 minute read

March 27, 2023 | New York Law Journal

Anthony Cannataro has had seven months of experience as the acting chief judge of New York State—the entire judiciary, not just the Court of Appeals—a role as an administrator for which he is qualified.

By Thomas R. Newman

2 minute read

February 28, 2023 | New York Law Journal

Unlike 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

February 22, 2023 | New York Law Journal

Looking beyond criminal appeals, Cannataro has brought about a welcome consensus among the judges that had been lacking, with many more signed majority opinions, a Duane Morris attorney writes.

By Thomas R. Newman

2 minute read

January 03, 2023 | New York Law Journal

Justice 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 28, 2022 | New York Law Journal

The Court's decisions rendered during Judge Cannataro's watch show a newfound cohesiveness among the judges that was lacking and is a much to be desired quality in a body tasked with pronouncing the law of the state of New York.

By Thomas R. Newman

1 minute read

November 01, 2022 | New York Law Journal

Almost 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