November 05, 2024 | New York Law Journal
Avoiding the Bray Pitfall for Lapsed AppealsThis article discusses New York's Appellate Division "immediate appeals "as of right" to the Appellate Division from non-final (interlocutory) orders of the Supreme Court, about the only qualification being that the non-final order"
By Thomas R. Newman and Steven J. Ahmuty, Jr.
9 minute read
September 09, 2024 | New York Law Journal
Law of the Case Cannot Override Lack of Subject Matter Jurisdiction"When a court makes a legal determination in a case, that determination, if not appealed from, becomes the law of the case and controls when the question which led to it is again presented in that same case," write Thomas R. Newman and Elliott Scheinberg.
By Thomas R. Newman and Elliott Scheinberg
7 minute read
September 03, 2024 | New York Law Journal
Issues Not Raised Below"'Barber' is one of the latest in a long line of cases invoking the preservation requirement to prevent the blindsiding of an adverse party," write Thomas R. Newman and Steven J. Ahmuty Jr.
By Thomas R. Newman and Steven J. Ahmuty Jr.
8 minute read
July 02, 2024 | New York Law Journal
The Demise of 'Chevron' DeferenceOn June 28, the Supreme Court overruled 'Chevron', holding that the APA requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law because a statute is ambiguous. It is difficult to overstate the significance of this watershed decision.
By Thomas R. Newman and Steven J. Ahmuty Jr.
10 minute read
May 24, 2024 | New York Law Journal
Indigent Defense Argument Has Nothing To Do With Merits of CaseWhile the chief judge makes a forceful argument that bears making and repeating until all indigent defendants can be assured of "receiving a constitutionally fair trial," I respectfully question whether a concurring opinion is an appropriate place to make it.
By Thomas R. Newman
4 minute read
April 30, 2024 | New York Law Journal
2023 Annual Report of the Clerk of the Court of AppealsWe are encouraged by, and very grateful for, Chief Judge Wilson's expressed "hope that, in coming years, we will receive even more civil motions and criminal leave applications, and that we will have the opportunity to decide even more appeals."
By Thomas R. Newman and Steven J. Ahmuty Jr.
7 minute read
March 05, 2024 | New York Law Journal
The Mootness DoctrineBecause "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.
By Thomas R. Newman and Steven J. Ahmuty Jr.
9 minute read
February 20, 2024 | New York Law Journal
Court of Appeals Grants Increasing Number of Criminal Appeal ApplicationsThomas R. Newman of Duane Morris suggests that an increase in the number of criminal appeals heard and decided by the New York Court of Appeals is welcome.
By Thomas R. Newman
1 minute read
January 02, 2024 | New York Law Journal
Precedents and Stare DecisisThis 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.
By Thomas R. Newman and Steven J. Ahmuty Jr.
7 minute read
November 28, 2023 | New York Law Journal
Statistics Reveal an Engaged Court Debating Case IssuesIt was heartening to read the opinions in the 12 criminal appeals decided by the Court of Appeals on Nov. 21, at least nine of which had as their jurisdictional predicate a grant of leave by a judge of the Court of Appeals.
By Thomas R. Newman
2 minute read