Category: Appeal

The Appellate Division’s standard of review

Posted in *All Posts, Appeal, Litigation

Substantial deference is given to a trial judge’s evidentiary rulings

Posted in *All Posts, Appeal, Evidence, Litigation

The Appellate Division overturns an agency determination only if it is arbitrary, capricious, unreasonable, unsupported by substantial credible evidence, or inconsistent with the enabling statute or legislative policy

Posted in *All Posts, Administrative Law, Appeal

Consent judgments are not appealable

Posted in *All Posts, Appeal, Litigation

Where a notice of appeal is limited to an order denying a motion for reconsideration, the appeal is procedurally barred insofar as it relates to any claimed defect in any other order

Posted in *All Posts, Appeal, Litigation, Reconsideration

Under some circumstances an appellate court could exercise its discretion to review prior unappealed from orders

Posted in *All Posts, Appeal, Litigation, Reconsideration

In workers’ compensation cases, the scope of appellate review is limited to whether the findings made could reasonably have been reached on sufficient credible evidence present in the record, considering the proofs as a whole, with due regard to the opportunity of the one who heard the witnesses to judge of their credibility

Posted in *All Posts, Appeal, Workers Compensation

The scope of an appellate court’s review in an appeal from a final decision of an administrative agency is limited

Posted in *All Posts, Appeal, Litigation

Review on appeal does not consist of weighing evidence anew and making independent factual findings

Posted in *All Posts, Appeal, Litigation

An appellate court may reverse a trial court’s judgment if the cumulative effect of small errors is so great as to work prejudice

Posted in *All Posts, *Published case, Appeal, Litigation