Practitioner’s Handbook for Appeals to the Appellate Divisions of the State of New York
Second Edition

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

Professor David D. Siegel
Distinguished Professor of Law
AlbanyLaw School

Key Benefits                                                                                                                                               
•   Learn about recent statutory changes and rule revisions
•   Access valuable forms necessary to perfect your appeal
•   Be able to handle an appeal in any of the four Departments with confidence

Product Description                                                                                                                                 

The taking and the perfecting of a civil or criminal appeal includes meeting inflexible time requirements, getting the record and briefs together, and bringing the appeal to argument or submission. A simple, concise and clearly written brief and effective argument are also imperative to insure that your client’s chance of success on appeal are maximized.

Written by Alan D. Scheinkman and Professor David D. Siegel, Practitioner’s Handbook for Appeals to the Appellate Divisions of the State of New York, Second Edition, is the authoritative guide for handling appeals to the four Appellate Divisions.

The Handbook covers all aspects of taking a civil or criminal appeal to the New York State Appellate Divisons. It addresses the statutory changes, rule revisions and changes in practice which have occurred since publication of the landmark first edition, written primarily by Professor Siegel.

In addition to comprehensive coverage of the substantive law and procedural requirements for handling appeals, the authors provide practical advice as to the best methods of appellate practice. The clerks from each of the four Appellate Divisions reviewed manuscript drafts and provided important insights into the practices of their respective courts, making this book an even more valuable reference. Also included are commonly used forms for filing civil or criminal appeals.

Contents at a Glance                                                                                                                                

Chapter 1: Jurisdiction and Background
Introduction and Historical Background
Geography
Sittings and Personnel
Panel Assignments and Calendaring
Jurisdiction
Scope of Review

Chapter 2: Taking and Perfecting a Civil Appeal
Commencing the Appellate Process
Extending the Time to Appeal
Renewal and Reargument Application Below; Effect on Appeal
Correcting Defects
Appellate Division’s Awareness of Appeal
Perfecting the Appeal
Hearing of the Appeal
Preferences—Emergency Appeals
Cross Appeals and Joint Appeals
Stay Pending Appeal
Preliminary Injunction and Temporary Restraining Order
Appeals Involving Poor Persons
Dismissal for Want of Prosecution

Chapter 3: Taking and Perfecting a Criminal Appeal
Commencing the Appellate Process
Extending the Time to Appeal
Renewal and Reargument Application Below; Effect on Appeal
Correcting Defects
Appellate Division’s Awareness of Appeal
Perfecting the Appeal
Hearing of the Appeal
Stay Pending Appeal
Appeals Involving Poor Persons
Dismissal for Want of Prosecution

Chapter 4: The Brief and Argument
Writing the Brief
Oral Argument

Chapter 5: Concluding the Appeal
Making the Decision
Remittitur

Chapter 6 Motions
Motions Generally
Motion for Reargument
Motion for Leave to Appeal to the Court of Appeals
Caveat

Appendices
Table of Authorities
Forms

Info & Pricing                                                                                                                                             
PN:4014 | 2005 | 172 pages | softbound
NYSBA Members $48   Non-Members $57

View Table of Contents and Author Biographies