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New York Appellate Lawyers Blog

Sunday, January 8, 2012

How do I take an appeal in my New York case?

From time to time, we will post entries that deal with the essence of surviving a New York Appeals process, the need to hire an NY Appellate lawyer, and the ins and outs of appellate practice.  We wecome you to visit our site and contact us with a any questions and comments.  This information is not intended and should not be relied upon as legal advice.  You should discuss your specific matter with a New York appellate lawyer.

Taking an appeal in New York is generally accomplished by the timely filing of a document called the Notice of Appeal.  In most New York appellate courts the notice of appeal is filed within thirty days of a specified judicial event.  In most New York state court civil cases for instance, a lawyer or litigant must file a notice of appeal within thirty days of receipt of a judgment, or decision and order.  In a criminal action, the date of sentencing usually starts the clock to file a Notice of Appeal.  An appeal taken as of right from the United States District Court to the Second Circuit Court of Appeals must be filed within thirty days after the judgment or order appealed from is entered. 

The Notice of Appeal is the document that provides the appropriate appellate court with jurisdiction.  Not filing it in a timely fashion may very well be a fatal blow to your New York lawsuit.  If you’re unsure of whether to appeal a decision, order, or judgment, it is imperative that you consult a New York trial or appellate lawyer immediately.  A properly drafted notice of appeal filed in a timely fashion will allow you more time to decide whether to perfect your appeal.


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Marzano Lawyers PLLC Appellate Attorneys assist clients in New York and Connecticut. We serve all of New York City and the surrounding area, including but not limited to Manhattan, Brooklyn, Queens County, Kings County, Bronx, Yonkers, Staten Island, Westchester County, New York County, Hudson County, Suffolk County, & Nassau County.



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