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March 05, 2024 | New York Law Journal

The Mootness Doctrine

Because "mootness is a doctrine related to subject matter jurisdiction," it may be raised at any point in the litigation, and will be raised by the court on its own motion whenever it detects a potential mootness issue. The parties to an appeal should therefore notify the court whenever a change in circumstances may render an appeal moot.
9 minute read
January 02, 2024 | New York Law Journal

Precedents and Stare Decisis

This article adds to the authors' discussion from "Stare Decisis in Federal and State Courts", published to the New York Law Journal on Nov. 3, 2020, and covers the application of stare decisis in cases in New York courts.
7 minute read
October 31, 2023 | New York Law Journal

Waiver of a Successive Appeals on the Same Issue

When an appellant takes an appeal from an adverse order but subsequently decides not to perfect the appeal for whatever reason, affirmative steps should be taken to withdraw the appeal, lest it be deemed abandoned and automatically dismissed.
11 minute read
September 05, 2023 | New York Law Journal

A Closer Look at Costs on Appeal

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. highlight the Cost on Appeals statute and discuss the fees and expenses associated with successfully asserting or defending one's rights on appeal.
9 minute read
July 03, 2023 | New York Law Journal

Preservation of Constitutional Questions

Because the Appellate Division has the power to review both "questions of law and questions of fact," as well as questions involving the exercise of judicial discretion, that court has inherent power to consider a point raised for the first time on appeal in "the interest of justice."
11 minute read
Law Journal Press | Digital Book Florida Construction Defect Litigation 2025 Authors: Gary L. Brown View this Book

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May 02, 2023 | New York Law Journal

Annual Report of Clerk of the Court of Appeals: A Summary of Significant 2022 Decisions

Like those of her predecessors, Judge Lisa A. LeCour's report is full of information that will be of interest not only to appellate practitioners and dedicated court watchers, but to anyone seeking to learn about the role and operation of our state's highest tribunal at a time when the governor's appointment of a new Chief Judge and an Associate Judge has been a much-publicized matter of public interest and debate.
7 minute read
March 08, 2023 | New York Law Journal

Back to Basics: Fighting a Newly Emboldened Plaintiffs Bar

The plaintiffs bar is shifting away from settlements in the hopes of obtaining a nuclear verdict at trial. This shift is not only costly, but also time-consuming for all parties involved.
8 minute read
February 28, 2023 | New York Law Journal

Federal Review of an Administrative Agency's Statutory Interpretation

Unlike the relatively straightforward de novo standard of review of the legal determinations of a court, judicial review of an administrative agency's legal determinations is more complex, especially with respect to an agency's interpretation of a statute or regulation.
11 minute read
January 03, 2023 | New York Law Journal

The Role of Judges of the Court of Appeals

Justice Ketanji Brown Jackson's approach to judging—to evaluate the facts and interpret and apply the law to the facts of the case without fear or favor—should be the norm for all appellate judges, including judges of our Court of Appeals.
10 minute read
November 01, 2022 | New York Law Journal

Post-Judgment Appeals of Prior Non-Final Orders

Almost every type of non-final order is separately appealable to the Appellate Division as of right, about the only qualification being that it "involves some part of the merits" or "affects a substantial right."
10 minute read

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