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Appellate Attorney's New York Digest on Appellate Law

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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Saturday, February 25, 2012

Amed Marzano & Sediva PLLC's New York appeals lawyers discuss transfer of real property upon an intestate death.

On numerous occasions, courts have stressed that real property devolves at the moment

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Sunday, January 15, 2012

Appellate attorneys discuss New York's law on undue influence as a basis for challenging a decedent's will.

Undue influence is proved by a preponderance of the credible evidence to demonstrate motive, opportunity, and the actual exercise of undue influence. See Matter of Walther, 6 N.Y.2d 49 [1959].

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Friday, January 6, 2012

Amed Marzano & Sediva PLLC's appellate lawyers discuss civil liability arising out of a New York malicious proscution action in a criminal matter.

Amed Marzano & Sediva PLLC's NY appellate lawyers have handled and are presently handling cases in NY courts dealing with malicious prosecution.  If you need assistance in this area of law, please contact us or another law firm of your choosing.

An action for malicious prosecution in New York will not survive a motion for summary judgment unless the party making the claim can satisfy all four of the below elements.

  1. That a criminal proceeding was commenced,
  2. That it was terminated in favor of the accused,
  3. That it lacked probable cause,
  4. That the proceeding was brought out of actual malice.

Read more . . .

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