Effective Appellate Advocacy in the New York Courts

(90 Ratings)

Produced on: June 09, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 76 minutes
Difficulty Intermediate

New York’s appellate practice markedly differs from federal practice – from the issues that can be appealed to the timing of the appeal to the composition of the appellate panel. A successful litigator in New York must know how to effectively use appellate procedure – even while a case is proceeding through the trial court – and then, depending on how a case unfolds, whether recourse to the New York Court of Appeal, New York’s highest court, is available.

Vincent Syracuse, Richard Trotter and Maryann Stallone – experienced New York commercial and appellate litigators – share their insight from decades of appellate practice in New York, and the wisdom appellate judges have shared with them as well. They discuss when to appeal to both the Appellate Division and the New York Court of Appeals and how to present issues – both in writing and orally – in a way that maximizes the likelihood of success. 


Learning Objectives: 
  1. Grasp the appellate rules that govern appealability to both the Appellate Division and Court of Appeals
  2. Discuss strategy about when, how and whether to bring an interlocutory appeal
  3. Understand how to position an appeal so that the Court of Appeals  will hear the case
  4. Identify tips for effective written and oral appellate advocacy at both the Appellate Division and Court of Appeals 



Faculty

Vincent J. Syracuse

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Vincent J. Syracuse joined Tannenbaum Helpern during the summer of 1979 and founded the firm's litigation department and is currently its Co-Chair. As a general litigator for over 40 years, Vince has earned a reputation as a problem-solver, strategizer, tactician and aggressive advocate for his clients. Recognized by Super Lawyers as one of the Top 100 Lawyers in the New York Metro area, he represents a variety of clients in commercial litigation in all New York State and Federal Courts on the pre-trial, trial and appellate levels and in various alternate dispute resolution forums including mediation and arbitration. He is also a mediator in the Commercial Division of the New York County Supreme Court.

Vince has been active for many years in numerous bar association activities and frequently chairs or participates as a faculty member in continuing legal education programs on various commercial litigation subjects, including the New York State Bar Association's extremely successful program on ethics and civility in litigation which he has chaired for over fourteen years. Vince has been a member of the NYSBA's House of Delegates. He has been a member of the Executive Committee of the NYSBA's Commercial and Federal Litigation Section since 1994. He was the Section's Chair in 2009-2010, having previously served as Chair-Elect, Vice-Chair and three terms as the Section's Treasurer. The Section honored Vince with its nominations in 2007 and 2012 for the NYSBA's Attorney Professionalism Award recognizing him as a "tireless advocate for ethics and civility in New York." In March 2010, Vince was appointed by Chief Judge Jonathan Lippman to the Ethics Commission for the Unified Court System which monitors the annual financial disclosure statements within the judicial branch of the New York State government. Vince is also a member of the NYSBA's Committees on Attorney Professionalism and Continuing Legal Education. He writes the monthly Attorney Professionalism Forum in the NYSBA Journal.

As a member of the Advisory Committee for the Commercial Division of the Supreme Court of the State of New York and a former Chair of the Commercial Division Committee, Vince has helped shape the development of the Commercial Division since its inception in New York and Monroe Counties, and subsequent expansion to several counties throughout the State of New York. The Advisory Committee acts as liaison between the bar and the Commercial Division and has created a mechanism that allows practitioners in the Commercial Division to express their views about the structure of the Commercial Division, and comment on various matters of Commercial Division practice, including the definition of a "commercial case." Vince has been directly involved in the drafting of the Commercial Division rules that have refined the criteria for the assignment and retention of cases in the Commercial Division, and govern practice in the various Commercial Division venues.

Vince has been selected for inclusion in New York Super Lawyers for 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015 every year that selections were made.

Richard Trotter

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Richard Trotter is an associate in Tannenbaum Helpern’s Litigation and Bankruptcy practice groups.  His diverse practice includes litigating a wide variety of complex commercial litigation and bankruptcy disputes in state, federal and bankruptcy court. Such disputes have involved issues of contract, securities, real estate and bankruptcy law. He has experience with both commercial and municipal bankruptcy context and has worked to preserve and enforce the rights of different parties at all stages of bankruptcy.

Maryann C. Stallone

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Maryann Stallone is a Partner in Tannenbaum Helpern's Litigation & Dispute Resolution practice. She advises clients on complex business disputes in the state and federal courts of New York, arbitrations and alternate dispute resolution forums. Maryann has handled cases involving securities fraud, breach of contract and business torts, including unfair competition, employment discrimination, infringement of intellectual property and professional malpractice. She has served clients in the hedge fund, private equity, REIT, law firm, accounting, dental, media and staffing industries.

Her litigation experience includes representing an investment advisor in connection with the Picard v. Katz clawback action, a prestigious law firm and a national accounting firm in connection with the defense of professional malpractice actions, and a global communication company and a private equity firm in connection with their breach of contract and restrictive covenant enforcement claims. Maryann co-writes the monthly Attorney Professionalism Forum in the NYSBA Journal and has been selected as a Rising Star by Super Lawyers from 2014-2016 and has been included in the Super Lawyers Women's Edition for 2016.

Reviews

HE
Helen E.

It was really informative and you get 3 for the price of 1.

HL
Harold L.

Good presentation.

SD
Steven D.

I would have called this CLE something different. The material was all very good, but I would have liked more on briefs and oral argument and less on the appealability of decisions. Also, more on the appellate division rules (though I know that you're shorter on time with a 1.5 credit course). Nevertheless, like I said, the material was all good.

JG
Jeffrey G.

enjoyed the course

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