New York Law Journal | Commentary
By Alan D. Scheinkman | August 19, 2024
In more recent years, led by the appellate courts, the use of mediation during appeal has become more widespread and increasingly successful.
New York Law Journal | Commentary
By Adrienne B. Koch | August 19, 2024
Not every order that can be appealed on an interlocutory basis "necessarily affects the final judgment." In practice, it can be difficult to tell what does and what does not—and the Court of Appeals has admitted that its jurisprudence on this issue "may not all be consistent."
New York Law Journal | Commentary
By Owen R. Wolfe and Eddy Salcedo | August 19, 2024
CPLR Section 5704 ("Review of ex parte orders") provides an avenue for Appellate Division review of such a refusal to sign an order to show cause. Unfortunately, however, New York courts have yet to provide clear guidance on when such applications will or will not be granted.
New York Law Journal | Commentary
By Anjali S. Dalal and Gautam Rao | August 19, 2024
In recent years, pursuant to Supreme Court precedent, the definition of public corruption has progressively narrowed while the scope of governmental immunity has been enlarged. There are two ongoing public corruption prosecutions that will likely be taken up by the U.S. Supreme Court in the coming terms and that will likely test these recent trends.
New York Law Journal | Commentary
By Jeffrey S. Sunshine | August 16, 2024
The statewide coordinating judge for matrimonial matters remembers retired Appellate Division, Second Department Justice Sondra Miller, a titan of the family law bar who died on Aug. 7 at 95 years old.
New York Law Journal | Best Practices|Commentary
By David B. Saxe | August 9, 2024
Hon. David B Saxe (ret.) offers some important advice to new judges "in the hope that it may ease the pathway for some and perhaps provide some useful nuggets that may help them ease into their judicial careers."
New York Law Journal | Commentary
By Joel Cohen and Bonnie M. Baker | August 7, 2024
There was a time that a draft decision of a court remained securely under wraps until the decision was final and intended for public release. And it used to also be that the oral or written communications among judges on a court likewise would remain "in the vault."
New York Law Journal | Commentary
By Elliott B. Jacobson | August 7, 2024
A recap of the "bizarre" sayings and doings of Robert F. Kennedy Jr., a declared candidate for the presidency, by Elliott Jacobson who has known RFK for over 40 years.
New York Law Journal | Analysis|Commentary
By Elliott Scheinberg | August 6, 2024
"The statute and 'Sholes' impose an onerous time-consuming process upon the aggrieved party who may be in need of immediate relief from a sua sponte order," writes Elliott Scheinberg.
New York Law Journal | Commentary
By James Kobak | August 5, 2024
The author compares his experiences in seeking replacement of a stolen passport (while in Portugal) to some of the daily experiences of Americans in contending with obstacles posed by agencies and courts in the United States.
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