Practitioner’s Handbook for Appeals to the Court of Appeals
Third Edition

Authors                                                                                                                                                        
Hon. Alan D. Scheinkman
New York State Supreme Court
White Plains, NY

Professor David D. Siegel
Distinguished Professor of Law
Albany Law School


Key Benefits                                                                                                                                               
•   Perfect your knowledge of the appeals process
•   Hone your skills to guide your client to a successful appeal
•   Understand the history and function of the state’s highest court

Product Description                                                                                                                                 
The Court of Appeals is New York’s highest court; it is in every sense New York’s court of last resort. Only if the case poses a federal question is there any possibility of further direct review after the Court of Appeals has heard the case, and in that instance it is only the United States Supreme Court which has any further appellate jurisdiction in the matter.

With this introduction, the authors present a publication of first reference revised for the 21^st century. The Handbook has behind it the reputable authors Alan D. Scheinkman and Professor David D. Siegel, whose combined knowledge of court proceedings guides the user from start to finish with precise details. The Third Edition completely updates the steps for preparing appeals to the Court of Appeals.

In addition to practical procedural guidance, updated case and statutory references and revised appendices make this a valuable addition to your trial library.

Contents                                                                                                                               

Chapter 1: Jurisdiction and Background
Introduction and Historical Background
The Courthouse
Sittings and Personnel
Calendaring of Cases
Jurisdiction
Scope of Review

Chapter 2: Taking and Perfecting a Civil Appeal
Commencing the Appellate Process
Extending the Time to Appeal
Renewal and Reargument Applications Below; Effect on Appeal
Correcting Defects
Court’s Awareness of Appeal
Perfecting the Appeal
Hearing of the Appeal; Argument Time
Preferences and Emergency Appeals
Cross-Appeals and Joint Appeals
Stays Pending Appeal
Preliminary Injunctions and Temporary Restraining Orders
Appeals Involving Poor Persons
Dismissal for Failure to Proceed or File Papers; Extensions of Time

Chapter 3: Taking and Perfecting a Criminal Appeal
Commencing the Appellate Process
Applications for Leave to Appeal
Extensions of Time to Appeal or Seek Leave to Appeal
Argument in Support of Application for Leave to Appeal
Perfection of Appeal and Assignment of Counsel
Stays Pending Appeal

Chapter 4: Alternative Procedure for Selected Appeals

Chapter 5: The Brief and Argument
Writing the Brief
Oral Argument

Chapter 6: Concluding the Appeal
Making the Decision
Publishing the Decision
Remittitur

Chapter 7: Motions
Motions Generally
Motion for Amicus Curiae Status
Motion for Reargument

Appendices

Info & Pricing                                                                                                                                             
PN: 4017    | 2007 | 234 pages | softbound
NYSBA Members $48   Non-Members $57

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