Thomas R. Villecco, a sole practitioner, writes that the salient question determining your case's chances at being heard by the Court of Appeals is whether it presents a "leaveworthy" issue, a term that does not lend itself to precise definitions. Case law provides little guidance, but there are a few considerations practitioners should understand before litigating the leave motion. An art form unto itself, certiorari practice requires keen attention to the court's jurisdiction and to the issues at play.
Art of Certiorari Practice Before the Court of Appeals
New York Law Journal
September 11, 2013