I have no idea what NJ would consider an emergent basis, but where I familiar, that wouldn’t be it. What I’m used to, the appellate court considers emergent as something that is happening mid-trial, for example that needs a ruling NOW so the trial can continue.
I don’t understand your second question, exactly, but generally, yep, that’s how appeals work. File it, get in line, and maybe you’ll have something before a future hearing date.
(Sorry, I forgot to post your question here)
Maybe? Typically not part of the limited scope of an appeal, but I wouldn’t rule out that it gets mentioned.
No idea, as I do not have a crystal ball into his head, nor do I know the full content of his motion and argument. Maybe that was the most memorable and newsworthy part of a much larger argument. That’s my best guess, which, without having read the motion, witnessed the hearing, or read a transcript, is all I can do.