Attorney-at-Law

YO, GENIUS BARISTAS!

In Uncategorized on 05/06/2022 at 17:47

Our New York State Appellate Division, Fourth Department, has a few words why we need written opinions (what we State courtiers call “decisions”).

And though the Pelicans (that’s our homeboy name for the learned Justices of the App Divs) are giving a Rochester trial court jurist the Psalm 141:5 treatment, y’all might read and heed, Genius Baristas, the next time you try a Stealth Transcript move.

“Although the court granted plaintiffs’ motion insofar as it sought summary judgment, it failed to address the burdens of proof or any specific cause of action. In addition, the court awarded costs and attorneys’ fees without providing the basis therefor. As noted, this case involved a motion for summary judgment and for costs, attorneys’ fees, and sanctions, and the court chose not to write. This is an unacceptable practice. To maximize effective appellate review, we must remind our colleagues in the trial courts to provide their reasoning instead of simply issuing orders.” Wilsey v. 7203 Rawson Road, LLC, et al, 2022 Slip Op 02905, 4/29/22. (Citations omitted).

Since our learned Tax Court Judges and STJs never fail to give us “somber reasoning and copious citation of precedent” even in a nickel-and-dime off-the-bencher, it behooves y’all to accord them the Matthew 5:15 show.

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