by Jim Coonan | May 2, 2019 | All, Appellate Procedure
The single greatest difference between the Appellate Division and the Court of Appeals motion practice is that Appellate Division motions are submitted on a serve one/file one basis under a legal back or directly through the NYSCEF system if the case is eligible for...
by Jim Coonan | Jan 3, 2019 | All, Appellate Procedure
The filing of appeals at the Appellate Division, First Department is governed by the court’s own calendar, which sets forth the specific dates by which the Appellant’s Brief and Record on Appeal, the Respondent’s Brief, and the Appellant’s Reply Brief must be served...
by Jim Coonan | Sep 27, 2018 | All, Appellate Procedure
Oral argument transcripts (when available) should always be included in any record on appeal submitted to an appellate court. Arguments held before the lower court give the appellate court an invaluable insight into the reasoning employed in reaching the decision and...
by Jim Coonan | Apr 5, 2018 | All, Appellate Procedure
“Whenever it appears to the Supreme Court of the United States, any United States Court of Appeals, or a court of last resort of any other state that determinative questions of New York law are involved in a case pending before that court for which no controlling...
