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New York Appellate Lawyer's Decisions of Interest

Saturday, June 15, 2013

Amed Marzano & Sediva PLLC, appellate group, secures victory in the United States Court of Appeals, Second Circuit by successfully dismissing an interlocutory appeal.

Amed Marzano & Sediva PLLC’s appellate group successfully represented the appellee in Grasson v. Bd. of Educ., 11-5295-cv in dismissing the appellant’s interlocutory appeal.  The 2nd Circuit clarified the exception to the FRAP 1291 finality rule and held that an interlocutory appeal on the basis of FRCP Rule 60(b) will be jurisdictionally barred unless the district court assumes jurisdiction and power to act when neither exists.  The Circuit decision in Rineiri v. News Syndicate Co, 385 F.2d 818 left an opening for this appellant to seek appellate jurisdiction because the District Court granted a Rule 60(b) motion that was brought within one year but four months after the decision that the plaintiff sought to vacate. 

This decision closes that opening and holds that so long as the district court had jurisdiction pursuant to Rule 60(b), an appeal will be barred, and the circuit will not address any improprieties within that decision.

The text of the summary order follows....

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Tuesday, November 8, 2011

New York appellate court's recent decision on standard for undue influence in estates and trusts appeal.

The following case is posted for informational purposes only.   The posting of this case does not in any way reflect Amed Marzano & Sediva PLLC’s legal opinion or view on the underlying matter. This law firm, or any appellate lawyer or appellate attorney affiliated with this law firm, did not represent any of the  parties in the action.



Matter of Caruso

Appellate Division, Second Department

February 16, 2010

In a proceeding for the administration of an estate in which the administrator petitioned pursuant to SCPA 2103 for the turnover of, inter alia, certain real property, the petitioner appeals from a decree of the Surrogate's Court, Queens County (Nahman, S.), dated August 18, 2008, which, upon an order of the same court dated May 12, 2008, confirming the report of a referee dated January 10, 2008, made after a hearing, denied the petition.

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