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New York Appellate Practice
Wednesday, October 7, 2009
- Location -
Holiday Inn Rochester Airport
911 Brooks Avenue
Rochester, NY
(585) 328-6000
Description
7.0 TOTAL CREDITS
3.5 credit hours of professional practice and/or practice
management; 3.0 of skills; 0.5 of ethics. This basic-level course has
been approved for MCLE credit in New York for all attorneys, including
newly admitted (less than 24 months).
Co-sponsored by the Committee on Courts of Appellate Jurisdiction and
the Committee on Continuing Legal Education of the New York State Bar
Association
This traditionally popular, basic-level course produced by the
Association's Committee on Courts of Appellate Jurisdiction will address
the "nuts-and-bolts" requirements, recommended tactics and necessary
legal theory behind the successful taking and perfecting of a civil
appeal in New York State's appellate courts, with particular focus on
practice and procedure in the Fourth Department. Time has also been set
aside to address practice pointers in the New York State Court of
Appeals and in the U.S. Court of Appeals for the Second Circuit.
Although designed primarily for practitioners who have not had extensive
New York appellate experience, the program will also serve seasoned
appellate lawyers as a useful up-to-date review of the numerous details
one must know and master to handle a civil appeal in New York. Where
appropriate, speakers will call attention to significant differences
between civil and criminal appellate practice.
The well-rounded faculty in Rochester consists of judges, court
personnel and experienced practitioners who will offer their valuable
perspectives discussing the practical and strategic considerations
involved in the program's topics.
Program Agenda
8:30-8:55 a.m. REGISTRATION (outside meeting room)
8:55-9:00
CHAIR’S OPENING WELCOME
9:00-9:25
I. TAKING AN APPEAL
A. Jurisdiction of the Appellate Division
B. Appealable Paper (“Appealability”)
C. Notice of Appeal
D. Scope of Review (“Reviewability”)
9:25-9:50
II. APPELLATE DIVISION PRACTICE
A. Rules of the Appellate Division Fourth Department
B. Perfecting Appeals
9:50-10:15
III. MOTIONS IN THE FOURTH DEPARTMENT
10:15-10:30 Coffee break
10:30-11:00
IV. PERSPECTIVE FROM THE BENCH: PRESIDING JUSTICE SCUDDER AND
ASSOCIATE JUSTICE SMITH, Appellate Division Fourth
Department
11:00-11:35
V. PRESERVATION OF ERROR, JUDICIAL NOTICE AND THE HARMLESS ERROR
RULE
11:35-12:00 noon
VI. ETHICS FOR APPELLATE PRACTICE
12:00-1:00 p.m. Lunch (on your own)
1:00-1:30
VII. EFFECTIVE BRIEF WRITING
1:30-2:00
VIII. EFFECTIVE ORAL ARGUMENT
2:00-2:40
IX. COURT OF APPEALS PRACTICE
A. Jurisdiction
B. Motions for Permission to Appeal
C. Decision Making
2:40-2:50 Coffee/soft drink break
2:50-3:25
X. PERSPECTIVE FROM THE BENCH, JUDGE PIGOTT, New York Court of
Appeals
3:25-4:00
XI. APPEALS IN THE SECOND CIRCUIT
4:00-4:30
XII. PANEL DISCUSSION – DIFFERENCES IN APPEALS IN THE
APPELLATE DIVISION, NEW YORK COURT OF APPEALS, AND SECOND
CIRCUIT
4:30 p.m. ADJOURNMENT
Program Faculty
Chair, Moderator and Speaker
Alan J. Pierce, Esq.
Hancock & Estabrook, LLP
Syracuse
Speakers (in alphabetical order)
A. Vincent Buzard, Esq.
Harris Beach PLLC
Rochester
Mark C. Davison, Esq.
Principal Appellate Attorney
New York State Supreme Court
Appellate Division Fourth Department
Rochester
Julian B. Modesti, Esq.
Menter, Rudin & Trivelpiece, P.C.
Syracuse
Hon. Patricia L. Morgan
Clerk of the Court
New York State Supreme Court
Appellate Division Fourth Department
Rochester
Craig D. Peterson, Esq.
Chief Appellate Court Attorney
New York State Supreme Court
Appellate Division Fourth Department
Rochester
Hon. Eugene F. Pigott, Jr.
Associate Judge
New York State Court of Appeals
Buffalo and Albany
Hon. Richard A. Reed
Deputy Clerk of the Court
New York State Court of Appeals
Albany
Hon. Henry J. Scudder
Presiding Justice
New York State Supreme Court
Appellate Division Fourth Department
Bath and Rochester
Hon. Nancy E. Smith
New York State Supreme Court Associate Justice
Appellate Division Fourth Department
Rochester
David H. Tennant, Esq.
Nixon Peabody LLP
Rochester
Directions
From the NYS Thruway (Route 90) Exit the New York State Thruway (coming
East or West) at Exit 46-Rochester. At the exit take Interstate 390
North. Remain on Interstate 390, and exit 18A (Brooks Avenue East). Make
a right at the exit and an immediate right into the driveway of the
Holiday Inn Airport. Approximately 15 minutes. From Downtown Rochester
take Interstate 490 West to Interstate 390 South. Take Exit 18A (Brooks
Avenue East). Remain in the right hand lane and make a right into the
driveway of the Holiday Inn Airport. Approximately 10 minutes. From the
Greater Rochester International Airport at the exit of the Airport
Complex, make a right at the light (Brooks Avenue). Remian in the right
hand lane and make a right into the driveway of the Holiday Inn Airport.
Approximately 2 minutes.
The last day to pre-register online was October 6, 2009.
Members, please login to get member discounts.
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ROCH-New York Appellate Practice
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$165.00
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ROCH-New York Appellate Practice
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$250.00
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| Seminar |
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ROCH-New York Appellate Practice
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$60.00
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