by Eric Kuperman, Esq. | Jan 17, 2019 | All, Appellate Procedure
Motions for Leave to Appeal to the Court of Appeals of the State of New York (hereinafter, the “NYSCA”) are one of the few instances in the law (if not the only one) where an attorney has two bites at the apple. To wit, the losing attorney at the Appellate Division...
by Eric Kuperman, Esq. | Jan 10, 2019 | All, Appellate Procedure
From time to time, attorneys choose not to include physical copies of exhibits in motion papers filed in the Supreme Court. Rather than include voluminous medical records with thousands of pages, for instance, an attorney might attach a CD with bulk documents as an...
by Eric Kuperman, Esq. | Nov 29, 2018 | All, Appellate Procedure
In almost every appellate court, State or Federal, the general practice is for the Appellant to assemble either a Record or Appendix (hereinafter, the “Record”), paginated in accordance with the particular appellate court’s rules. Once complete, the appellant utilizes...
by Eric Kuperman, Esq. | Oct 25, 2018 | All, Appellate Procedure
The question often arises as to whether the same exhibits to motion practice must be included twice (e.g., in each of multiple motions for Summary Judgment) at the lower Court level simply to preserve the Record on Appeal at the Appellate Division. One might posit...
by Eric Kuperman, Esq. | Sep 27, 2018 | All, Appellate Procedure
Over the past few years, there has been a significant increase in the number of unpublished decisions. If an attorney working on appeal decides to cite an unpublished decision in the appellate brief, he/she may also wish to provide copies of the decision for the court...
