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Thomas R. Newman and Steven J. Ahmuty Jr. Thomas R. Newman and Steven J. Ahmuty Jr.

The Appellate Division has just ruled in your favor in a civil action. There is no jurisdictional predicate for an appeal to the Court of Appeals as of right. You may have to defer your victory celebration, however, in the event that tenacious adversary elects to 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 the Court of Appeals rarely grants motions for permission to appeal. For example, according to the 2019 Annual Report of the Clerk of the Court of Appeals (the last year for which statistics are available), the court decided 843 civil motions for permission to appeal in 2019. Of those, just 2.1% (18 out of 843) were granted, 75.9% were denied, 21.8% were dismissed (typically for lack of jurisdiction or lack of preservation), and only one was withdrawn.

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