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Thursday, January 5, 2012

Our NY appellate attorney's dicussion on appeals regarding equitable distribution subsequent or ancillary to a divorce action.

New York Appeals and an action for equitable distribution subsequent to a foreign judgment of divorce.

Domestic Relations Law §236(b)(2) and 5(a) provide in relevant part,

Except as provided in subdivision five of this part, the provisions of this part shall be applicable to actions for an annulment or dissolution of a marriage, for a divorce, for a separation, for a declaration of the nullity of a void marriage, for a declaration of the validity or nullity of a foreign judgment of divorce, for a declaration of the validity or nullity of a marriage, and to proceedings to obtain maintenance or a distribution of marital property following a foreign judgment of divorce, commenced on and after the effective date of this part. Any application which seeks a modification of a judgment, order or decree made in an action commenced prior to the effective date of this part shall be heard and determined in accordance with the provisions of part A of this section.  Domestic Relations Law § 236.

Read more . . .

Thursday, January 5, 2012

Why do I need to hire an appeals lawyer or appellate attorney in my New York action?

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.

Your New York case was tried and you’ve lost, or you’ve won and your opponent has appealed the decision or judgment.  You’ve heard of this thing called an appeal but aren’t really sure what it is.  Your trial lawyer, well, is a trial lawyer.  She can appeal your case, of course, but you also have a choice of hiring a New York appellate lawyer.  It may be a matter of preference for you, but it’s really a matter of necessity to enhance your likelihood of success.

Read more . . .

Monday, November 14, 2011

Appellant's right to counsel in a New York appeal from a family court matter.

Appellate Division, Second Department

Before: Rivera, J.P., Skelos, Hall, Austin, JJ.

Decided: November 1, 2011


In the present appeal by the mother from a fact-finding order in a child protective proceeding which, inter alia, found that she had neglected the subject child, the mother's counsel submitted a brief pursuant to Anders v. California (386 US 738), in which he moves for leave to withdraw as counsel for the appellant. We take this opportunity to review the basic principles espoused in Anders and their proper application, as well as the responsibilities of counsel in relation to the filing of briefs pursuant to Anders.

Read more . . .

Tuesday, November 8, 2011

New York appellate court's recent decision on standard for undue influence in estates and trusts appeal.

The following case is posted for informational purposes only.   The posting of this case does not in any way reflect Amed Marzano & Sediva PLLC’s legal opinion or view on the underlying matter. This law firm, or any appellate lawyer or appellate attorney affiliated with this law firm, did not represent any of the  parties in the action.



Matter of Caruso

Appellate Division, Second Department

February 16, 2010

In a proceeding for the administration of an estate in which the administrator petitioned pursuant to SCPA 2103 for the turnover of, inter alia, certain real property, the petitioner appeals from a decree of the Surrogate's Court, Queens County (Nahman, S.), dated August 18, 2008, which, upon an order of the same court dated May 12, 2008, confirming the report of a referee dated January 10, 2008, made after a hearing, denied the petition.

Read more . . .

Tuesday, November 8, 2011

Foreclosure Nightmare Resolved After Our New York Appeals Lawyers Take The Initiative

One of our recent appeals in Brooklyn, New York involved an action to foreclose a mortgage.  The appeal was taken to the New York State Supreme Court, Appellate Division - Second Judicial Department. 

Our client owned a home free and clear, and

Read more . . .

Sunday, October 16, 2011

The jury was wrong in finding against my client - New York Appeals Issues

An oft used scene in courtroom dramas has a losing lawyer standing on the steps of the courthouse pledging to appeal the jury's verdict. This lawyer is unhappy with the jury's findings and is anxious to appeal to a higher court. This is perhaps the greatest departure from real life versus television litigation. An appellate court will often defer to a jury's findings of fact and limit itself to a review of the law. Many lawyers and litigants do not fully capture the meaning of this all important statement. A trial is an accumulation of rulings by a judge that govern the substance and the manner in which facts are delivered to a fact finder. An appellate court can review every one of those rulings, but will not for instance; review whether a jury happened to find an incredible witness credible. An appellate court will review whether a jury should have heard or seen evidence and may even decide whether that impacted the jury, but is not interested in disturbing the jury's approach to that evidence.

When an appeal is taken, it is, more often than not, limited to a review of the trial judge's decisions and not a jury's findings.

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