Thomas R. Newman and Steven J. Ahmuty Jr. Motions for Permission To Appeal to the Court of Appeals
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.
March 02, 2021 at 12:15 PM
11 minute read
The Appellate Division has just ruled in your favor in a civil action. There is no jurisdictional predicate for an appeal to the Court of Appeals as of right. You may have to defer your victory celebration, however, in the event that tenacious adversary elects to file a motion for permission to appeal to the Court of Appeals to seek one last bite at the apple.
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