A New York appeals court has denied a motion to reargue a controversial decision allowing a party to a lawsuit that missed an appeals filing deadline to file a friend-of-the-court brief instead.
Some lawyers are calling the Appellate Division, First Department’s series of interlocutory motion decisions in Friends of P.S. 163 v. Jewish Home Lifecare, 100546/15, unprecedented. They also fear it “opens the door” to “end runs” around what appeared to be a hard-and-fast rule: If an attorney fails to file a notice of appeal within 30 days of a Supreme Court decision being entered, they’re out of luck.
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