The New York Civil Appellate Citator, 2022 Revision
- Elliott Scheinberg, Esq.
Contents at a Glance
General Principles of Appellate Practice and Review / Appealable Paper / Timeliness of an Appeal / Taking an Appeal / Omissions and Appeal by Improper Method / Grounds for an Extension / Judicial Notice / In Limine Motions / Finality of Judgments / General and Specific Trial Objections on Appeal / Standing and Subject Matter Jurisdiction / Stays and Mootness in Construction Cases
Hailed as an "extraordinary work" by highly recognized (retired) appellate judges, this extensive compendium is a finessed compilation of appellate authority, foundational and uniquely esoteric, on all aspects related to civil appeals to the New York State Appellate Division. Use it to locate key precedential language for use as authority in briefs and arguments.
Many of the intricate and complex topics covered have received only general or minimal analysis elsewhere. The two volumes offer an in-depth examination of topics such as:
• Issue preservation
• Notice of entry in cases involving multiple parties
• The fugitive disentitlement doctrine
• General and specific trial objections on appeal
• The intersection between CPLR 5701(a)(2) and CPLR 2215(a)
• The treatment of standing and subject matter jurisdiction
• The pitfalls of appellate practice under the Family Court Act.
This work also includes an extensive section regarding issues raised for the first time on appeal, when the same issue has been considered and precluded, as well as a unique section that appears nowhere else: a review of more than 225 appellate decisions where appellate courts have sua sponte directed that upon remand the matter be assigned to “a different judge.”
This two-volume work is certain to become a standard resource for both bench and bar.
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- July 18, 2022
- 2,520 pages