Thomas R Newman

September 06, 2022 | New York Law Journal

In 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

In 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

In 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

In 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

Judging 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

In 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

The 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

July 06, 2021 | New York Law Journal

In this edition of their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discusses the U.S. Supreme Court's recent opinion in 'Edwards v. Vannoy', holding that a prior decision requiring unanimous jury verdicts does not apply retroactively to overturn final state-court convictions on federal collateral review.

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

8 minute read

May 04, 2021 | New York Law Journal

In this edition of their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the elements of a motion for leave to file an amicus brief in the New York Court of Appeals and the attributes of a well-crafted amicus brief.

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

11 minute read

March 02, 2021 | New York Law Journal

The Appellate Division has just ruled in your favor but a tenacious adversary has elected to file a motion for permission to appeal to the Court of Appeals to seek one last bite at the apple. In their Appellate Practice column, Thomas Newman and Steven Ahmuty Jr. discuss the ins and outs surrounding these motions including threshold issues, errors to avoid and drafting considerations.

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

11 minute read