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Appeal law in New York is a branch of the legal system that allows individuals or entities who are dissatisfied with a decision made by a trial court to request a higher court to review and possibly overturn or modify that decision. The goal of an appeal is not to have a new trial but to determine whether legal errors occurred that significantly affected the outcome of the case. Appeals can be made in both civil and criminal cases, and each type follows specific procedures set out by state and federal statutes, as well as court rules. In New York, appellate courts include the Appellate Terms, the Appellate Divisions of the Supreme Court, and the highest court, the New York Court of Appeals.
Navigating the appeals process is complex and challenging. You may need a lawyer if:
In each of these situations, having a knowledgeable appeals attorney increases your chances of a favorable outcome and ensures strict compliance with the complex rules of appellate practice.
Appeals in New York are governed primarily by the New York Civil Practice Law and Rules (CPLR) for civil cases and the Criminal Procedure Law for criminal cases. Key local aspects include:
Understanding these local laws and procedural rules is essential for a successful appeal in New York.
An appeal is a legal process in which a party asks a higher court to review and change the outcome of a decision made by a lower court.
No, appeals are generally limited to the evidence and testimony presented at the original trial. The appellate court reviews the record for legal errors, not new facts.
You typically have 30 days from the date you are served with notice of the judgment or order to file your notice of appeal. The deadlines can vary, so consult an attorney.
You can appeal final judgments and some specific orders. Interlocutory orders, or non-final decisions, may sometimes be appealed in certain circumstances.
While it is possible to file an appeal without a lawyer, the process is highly technical, and having an experienced appellate attorney is strongly recommended.
Appeals do not involve witnesses or jury verdicts. Appellate courts review written briefs, the record of the trial, and sometimes oral arguments to decide if legal errors were made.
The appellate court may reverse or modify the lower court’s decision, or it can order a new trial. Sometimes only certain aspects of the case are sent back for further proceedings.
If you lose, you may have the option to seek further review by a higher appellate court, such as the New York Court of Appeals, but this is not guaranteed and is often at the court’s discretion.
Not automatically. You must request and be granted a stay of enforcement to temporarily halt the judgment while your appeal is pending.
There are court filing fees, costs for preparing transcripts and records, and attorney fees. You should discuss costs and payment structures with your lawyer in advance.
Individuals seeking more information or assistance with appeals in New York can consult these resources:
If you believe you have grounds for an appeal in New York, start by reviewing the final judgment or order from your case and confirming the deadline for filing an appeal. Collect all documentation from your original trial and consult with an experienced appellate attorney as soon as possible to evaluate your options. Your attorney can assess the likelihood of success, identify potential errors from your trial, and help you meet all legal and procedural requirements for your appeal. Always act quickly, as missing crucial deadlines can jeopardize your right to appeal. If you require a referral, consider reaching out to local bar associations or legal aid services for guidance.
