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New York Appeals Survival Guide

Monday, February 13, 2012

I won, but my victorious decision is now being appealed. Does New York Appellate practice require that I respond?

Although it is possible to emerge victorious even if a respondent does nothing, it is an extremely

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Friday, February 10, 2012

What is an interlocutory Appeal in New York?

An appeal is a request to a higher court to review decision(s) made by a lower court.  Many appeals are brought after a trial has been held, and the trial judge’s many decisions are submitted to an appellate tribunal for review.  Appeals can also be brought, however, on

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Wednesday, February 8, 2012

How much do appeals cost in New York State Courts?

New York Appellate practice comes at a cost to the lawyer and the client. 

The cost is often greater for the appellant than it is for

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Sunday, January 8, 2012

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

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.

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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.

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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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