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New York General Appeals Attorneys

The New York Appellate Courts are comprised of the Court of Appeals, which is the highest Court in the State, the Appellate Divisions of the Supreme Court  divided into the First , Second, Third and Fourth Departments, the Appellate Terms of the Supreme Court, and the County Courts acting as Appellate Courts.

To initiate an appeal, the “appellant” – the party appealing – must file a notice of appeal in the trial court, and designate an appellate record consisting of materials from the trial court.  The notice of appeal must usually be filed within 30 days of the decision being appealed.

Appellate cases generally involve three legal briefs, all of which must contain citations to cases and statutory or other legal authorities. Briefs must also contain proper citations to the designated appellate record and follow strict rules promulgated by the court in which they are filed.  First, the appellant files an opening brief with a court of appeal. This brief must explain the factual and procedural history of the case, in a neutral fashion, and then state how the trial court erred and why the appellate court should reverse the ruling. The “appellee” or “respondent” – then files a responsive brief with the appellate court. Like the opening brief, this response should also neutrally explain the factual and procedural history, followed by argument that the trial court was correct and the ruling should not be reversed. The appellant gets the last word in a reply brief. In the reply, the appellant can argue against the claims made in the appellee’s responsive brief, but is not permitted to introduce any new legal arguments.

Typically, after the briefs are filed, a panel of appellate court judges will hear oral argument. However, some courts will decide cases based solely on the briefs, without hearing oral argument. The appellate panel will issue a written opinion stating their decision and the reasoning behind it. At the court’s discretion, the opinion may be published in the official reports and become binding authority over future cases. The timing of this written opinion varies considerably among different courts.

An intermediate appellate court’s ruling may be appealed to a court of last resort by the losing party.  In New York, an appellate division’s decision can be appealed to the New York State Court of Appeals, and a Federal Circuit Court’s decision can be appealed to the U.S. Supreme Court. The Court of Appeals and the US Supreme Court are not required to hear every case and may choose which matters they will decide. In order to appeal a case to these courts, a motion must be filed seeking leave (permission) to appeal the case to them.

The Appellate Divisions of the Supreme Court of New York

First Department

Second Department

Third Department

Fourth Department

Bronx
New York County

Dutchess
Kings
Nassau
Orange
Putnam
Queens
Richmond
Rockland
Suffolk
Westchester

Albany
Broome
Chemung
Chenango
Clinton
Columbia
Cortland
Delaware
Essex
Franklin
Fulton
Greene
Hamilton
Madison
Montgomery
Otsego
Rensselaer
St. Lawrence
Saratoga
Schenectady
Schoharie
Schuyler
Sullivan
Tioga
Tompkins
Ulster
Warren
Washington

Allegany
Cattaraugus
Cayuga
Chautauqua
Erie
Genesee
Herkimer
Jefferson
Lewis
Livingston
Monroe
Niagara
Oneida
Onondaga
Ontario
Orleans
Oswego
Seneca
Steuben
Wayne
Wyoming
Yates



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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