APPEALS

This office will represent you in your Appeal in all New York State Appellate Divisions or to the Court of Appeals though any appeal we handle is limited to our specific practice areas of the law listed on the Home page. 

In New York State, unlike almost all other states, the Supreme Court is the "trial Court". Up from the Supreme Court is the New York State Appellate Division. There are four (4)Appellate Divisions in New York State which are divided into four (4) separate departments depending solely on their geographic location (1st Dept. New York City; 2nd Dept. Brooklyn' 3rd Dept. Albany and 4th Dept. Rochester). Up from the Appellate Divisions is the Court of Appeals which is the highest Court in New York State and located in Albany.

All law suits filed in Supreme Court are given an index number and may be eventually assigned to a particular Judge for discovery purposes before any trial. After all discovery is completed, the case is placed upon a general trial calendar waiting to be assigned a "trial judge". If a jury is demanded, and the trial part assigns a trial judge the lawyers for all parties will select a jury. 

While the initial Judge or the trial judge is present to make sure the law is properly applied to all phases of your case and trial, sometimes, like us all, the initial or trial judge will make a mistake(s) in applying the law to your case. This is exactly "why" there are Appeal Courts. 

The mistakes and errors of a Judge are not limited to just a trial. A Judge may also commit a mistake while deciding motions or in conducting or denying you an "evidentiary hearing" on a particular legal issue. You may be able to appeal those mistakes to a higher or Appeal's Court.

The grounds for an appeal from the Supreme Court action to the Appellate Divisions or from the Appellate Divisions to the Court of Appeals are too numerous and case specific to cover on a simple webpage.

What you do need to know is that there are "very strict time frames" which must be complied with by you to timely file a Notice of Appeal in your case. Once that is done, the record on appeal and the briefs are filed. There will usually then be an oral argument before the Appeals Court. Usually this is attended by the lawyer but you can attend too if you desire. The time frame from the oral argument to the final decision varies in each Appeal Court.

If you or a loved one has had a recent case involving lawyer Malpractice, Medical Malpractice, a Serious Injury because of an accident, the Wrongful Death of a loved and you want to appeal that case because of errors or mistakes perceived by you to have been committed by the lower Court, you best course of action is to call either of the phone numbers on the Home page so we can "talk" about your particular situation. Remember, there isn't any forgiveness for you not timely filing a Notice of Appeal or perfecting your appeal. 

The materials contained in this website are for information purposes only and not meant to be, and should not ever be construed by you, as legal advice. Viewing  this website is not intended to nor does it ever create any attorney-client  relationship. Our practice and all information on this website is limited to the laws of the State of New York. This is attorney advertising.