The Appellate Division has just ruled in your favor. There is no jurisdictional predicate for an appeal to the Court of Appeals as of right. Your victory celebration may nevertheless have to wait, however, because your tenacious adversary will most likely file a motion for permission to appeal to the Court of Appeals to seek one last bite at the apple.
The good news, if you prevailed in the Appellate Division, is that motions for permission to appeal are rarely granted. For example, according to the 2015 Annual Report of the Clerk of the Court of Appeals (the last year for which statistics are available), the court decided 1,051 motions for permission to appeal in 2015. Of those, just 5.5 percent (57 out of 1,051) were granted, 71.8 percent were denied, 22.5 percent were dismissed (typically for lack of jurisdiction or lack of preservation), and less than 1 percent were withdrawn. Although the odds of obtaining permission to appeal are long, the rewards can be great. Of the 51 cases decided in 2015 in which the jurisdictional predicate was permission of the Court of Appeals, 23 cases (45 percent) resulted in a reversal or modification.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
