New York Court of Appeals and Appellate Practice
In this Special Report: "An Abundance of Civil Procedure Decisions From the Court of Appeals," "Prosecution Overwhelmingly Prevailed, Lengthy Dissents Were Frequent," "An Evolving Court Divides in New Insurance Cases," "Notice of Entry in the NYSCEF Era" and "Oral Argument: Easy Questions, Hard Questions—Be Prepared."
August 22, 2022 at 12:58 PM
2 minute read
The number of appeals disposed of by the Court of Appeals during the term was relatively small, but the percentage of decisions devoted to civil procedure was thankfully high.
Judges Rivera and Wilson were frequent dissenters: Judge Rivera dissented in 15 cases, and Judge Wilson in 17; typically they dissented together. Chief Judge DiFiore and Judges Garcia, Singas and Cannataro were in the majority in every case.
The Court divided in all four of its notable insurance decisions this past term—and Judge Wilson dissented in two of them, both on the policyholder side.
Now that NYSCEF is standard for appeals throughout the state, serving notice of entry is easier than ever. But variation among the judicial departments has created confusion and opened the possibility for gamesmanship.
How can you be prepared to respond to the frequently asked questions that you should be able to swat away? And, how should you respond to the unexpected ones—the questions that can rock you to the core—if you are unprepared?
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