Is Standing Jurisdictional to Be Raised First Time on Appeal? Part I
This article argues that the most recent pronouncements from the Court of Appeals advance the conclusion that standing is jurisdictional, albeit, plainly, not subject matter, may not be waived, and may be raised for the first time on appeal.
July 06, 2018 at 02:30 PM
5 minute read
|
Preservation
Sam v. Town of Rotterdam Rentways v. O'Neill Milk & Cream
It is quite true that an appellate court should not, and will not, consider different theories or new questions, if proof might have been offered to refute or overcome them had they been presented at the trial.
Wilson v. Galicia Contracting & Restoration Telaro v. Telaro Rentways
Thus, it has been said: 'if a conclusive question is presented on appeal, it does not matter that the question is a new one not previously suggested. No party should prevail on appeal, given an unimpeachable showing that he had no case in the trial court.'
People v. Knowles People v. Newman American Sugar Refining Co. of New York v. Waterfront Commission of New York Harbor In re Will of Schuyler |
Standing Is a Threshold Issue
In re Estate of Palma Community Board 7 of Borough of Manhattan v. Schaffer
“The various tests that have been devised to determine standing are designed to ensure that the party seeking relief has a sufficiently cognizable stake in the outcome so as to 'cast[ ] the dispute in a form traditionally capable of judicial resolution,'” Community Board 7 of Borough of Manhattan, quoting Society of Plastics Industry v. County of Suffolk, 77 NY2d 761 (1991)).
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