All Articles tagged Appellate Division

• New York Appeals
  September 04, 2024 EDT
  TEN YEARS LATER: FURTHER SUBSTANTIAL DEVIATION BY APPELLATE COURTS IN APPLYING THE “DEVIATES MATERIALLY” STANDARD OF REVIEW
  Richard J. MontesKathryn M. BeerAlexis Sarnicola

  This Article examines increases in pain and suffering awards in burn, brain damage, and asbestos cases and the inconsistency with which the "deviates materially" standard is applied under CPLR 5501(c).

• New York Appeals
  January 18, 2023 EDT
  HE WHO REPRESENTS HIMSELF HAS A FOOL FOR A CLIENT: THE RIGHT TO COUNSEL AND THE RIGHT TO SELF-REPRESENTATION IN NEW YORK
  Colleen D. DuffyMelany Gray

  This Article reviews the current state of the law in New York as to what constitutes a valid waiver of a defendant’s right to counsel at trial.

• New York Appeals
  January 01, 2014 EDT
  ARE THE APPELLATE COURTS DEVIATING FROM THE “DEVIATES MATERIALLY” STANDARD OF REVIEW?
  Richard J. MontesDavid A. Beatty

  This article examines whether New York state courts have applied the legislatively enacted "deviates materially from reasonable compensation" standard of judicial review in accordance with the statute's stated purpose.

• General
  January 01, 2012 EDT
  In Memoriam: Hon. Anthony V. Cardona
  Connie Mayer

  In memoriam for Justice Anthony V. Cardona.