9.10 - D. General Strategies For Complying With Doctrine Of Preservation

• Jurisdiction: New York

D. General Strategies for Complying with Doctrine of Preservation

Perhaps the most frustrating situation at the appellate level is finding a winning argument or an issue that could possibly change the result of the holding below but learning that the issue is unpreserved. Several general principles exist to reduce the chances that you will fail to preserve issues for appellate review.

First, anticipate an appeal from the outset, including an appeal to the N.Y. Court of Appeals. Second, investigate the...