Cross Appeals
Cross Appeals
A cross appeal occurs when both sides appeal the same order. As the Appellate Division can only grant relief to the side which takes the appeal, a cross appeal is fundamentally different than a typical appeal as neither side is requesting to maintain the status quo of the lower court's disposition of the case.
Normally, the side taking the appeal will try to focus the arguments as questions of law, while the side seeking to defend the appeal will try to focus the arguments as questions of discretion. The reason being is the Appellate Division is more likely to revisit a question of law, while questions of discretion are greatly deferred to the lower court.
In cross appeals, neither side will be arguing for to maintain the status quo, which removes a key element in opposing the other side's appeal.
The procedural rules for cross appeals are also significantly different than when only one side appeals.
Call for a Free Phone Consultation or to Schedule a Low Cost Office Consultation
If you have have additional questions, contact our office to learn about your legal options for protecting your rights in any appeal. To get your free phone consultation or to make an appointment, call (631) 864-2600. Serving clients in Suffolk, Nassau, Queens, Manhattan, Bronx, Westchester. Rockland, Orange and other surrounding counties are accepted on a case by case basis.
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For a free phone case consultation or to schedule an office meeting, call 631-864-2600.
Appeal Overview
An appeal is a request to a higher court to review the trial court for errors made by the court. An appeal is fundamentally different than a trial court, both in a prosecution or defense.
Prosecution of Appeals
Prosecuting an appeal begins with the filing of the notice of appeal or making a motion for permission to appeal. The record must be prepared and the brief must be written and filed.
Defense of Appeals
Defending an appeal involves responding to the appellant's brief and explaining why the lower court was correct in its determination, or if any mistakes were made, they were minor.
Cross Appeals
An appeals court can only grant relief to the side who files a notice of appeal. When both sides request appellate relief, both sides must argue their appeal and defend against the cross appeal.
Stay of Enforcement
A stay of enforcement is not automatic but must be requested. In some instances this stay may be automatically granted. If an automatic stay of enforcement is not available, then a motion for a discretionary stay of enforcement can be requested by a motion.
Appellate Motion Practice
Appellate motion practice can resolve numerous procedural issues to ensure an appeal is heard on the merits and not dismissed.
5704 Review
A CPLR 5704 review is not an appeal. Its an expedited process for appellate review of an ex parte order, and usually takes one or two days for a decision.
