Published Cases
At the Law Office of J. Douglas Barics, We Win Appeals.
While no two cases are the same and outcomes cannot be guaranteed based on prior results, we pride ourselves on our track record. While not every appeal is successful, our success rate of approximately 60% is far above the average of about 15%.
Our success rate in representing clients with their appeals is achieved through a mixture of our skills as appellate counsel, plus a careful screening of cases to give potential clients realistic assessments of their appeals. While we have won some long shot appeals, many clients appreciate the objective assessment of their own appeals.
For those cases where we do not win, those cases provide key insights to assist future litigants who face similar issues.
Published Cases
Bank of N.Y. Mellon v Taylor (2nd Dept. 2024)
The Second Department affirmed the order being appealed, which denied homeowner's motion to set aside a judgment of foreclosure based on a default, as the homeowner's prior trial counsel filed a notice of appearance, thereby waiving any challenges to the highly improper service made in this action. Whatever merits the homeowner had on this issue were not preserved by trial counsel.
Matter of Pelcak v Matousek (2nd Dept. 2024)
The Second Department affirmed the order being appealed which denied objections to a downwards modification of child support which was based upon imputed income. The court had no authority to reduce child support arrears prior to the filing of the petition.
Orobona v Cunningham (2nd Dept. 2023)
Obtained a reversal of a custody order issued on default and proceedings reinstated for a full hearing. The Second Department found the Family Court had improperly denied the father's request to vacate the default order.
Lorne v Lorne (1st Dept. 2023)
Successfully obtained a partial reversal for the wife and defended the wife from the husband's cross appeal. Increased equitable distribution award by over $100,000, vacated the award in favor of the husband giving him credits from pendente lite maintenance payments, reversed that part of the order which required the wife to pay the carrying charges for the husband's interests in certain assets, and affirmed the order denying the husband's request to sell various assets instead of awarding them to the wife.
Cullity v Posner (1st Dept. 2023)
The First Department affirmed the judgment being appealed. Many arguments were not sufficiently preserved at trial and were not considered by the First Department. This case illustrates the importance of trial counsel preserving issues for appellate review.
Lorne v Lorne (1st Dept. 2022)
The First Department affirmed the order being appealed. The ultimate issue was reserved for further determination.
JPMorgan Chase Bank v Simonsen (2nd Dept. 2022)
Obtained a reversal of judgment of foreclosure and sale. Judgment of foreclosure and sale reversed. Homeowner's attorney was suspended which automatically stayed the matter. As the stay was never lifted by personal service of the notice to produce counsel, all proceedings from 2014-2019 were null and void, including the judgment of foreclosure.
Silverman v Leibowitz (2nd Dept. 2022)
Successfully defended an appeal from an order dismissing a Family Court order of protection.
Cuomo v Moss (2nd. Dept. 2021)
Successfully obtained a modification of equitable distribution, increasing the wife's share finding the husband was not entitled to certain set offs.
Central Mortgage v Resheff (Resheff II) (2nd. Dept. 2021)
Reversed a judgment of foreclosure and sale. Judgment affirmed but modified in homeowner's favor. As of 2025, the effects of this decision and order are back in front of the Second Department, with each party taking radically different positions as to what it means, which will be decided in Resheff III.
Valente v Cabral (2nd Dept. 2019)
Successfully reversed an order dismissing the entire action, with matter being remitted to Supreme Court to determine wife's claims for equitable distribution and other relief. Wife married before her first divorce was finalized. Despite the marriage being void, it was still defined as a matrimonial action under DRL 236B.
Manuel P.A. v. Emilie B. (1st Dept. 2017)
The First Department dismissed the appeal as the father inappropriately filed a notice of appeal from an interim order instead of making a motion for permission to appeal.
Central Mortgage v Resheff (Resheff I) (2nd Dept. 2016)
Judgment of foreclosure and sale reversed and matter remitted for further proceedings. Lower court was without authority to grant motion to renew summary judgment when movant failed to address reasonable justification why new facts were not presented in the previously denied motion for summary judgment.
Kaiser v Kaiser (2nd Dept. 2013)
Partial win for husband who appealed a judgment of divorce by removing a duplicative award to the wife. Judgment otherwise affirmed.
Mure v Mure (2nd Dept. 2011)
Successfully defended wife against husband's cross appeal. Husband's cross appeal dismissed due to insufficient record. Wife withdrew her appeal.
Schleger v Stebelsky (2nd Dept. 2010)
Successfully obtained reversal of Family Court order which transferred custody proceeding to Florida following a misconduct hearing under the UCCJEA, DRL 76-g. Reversed in favor of mother, with New York retaining jurisdiction.
Bowe v Robinson (2nd Dept. 2005)
Successfully defended mother against father's appeal from a custody order. Affirmed in favor of mother.
Robinson v Fisher (2nd Dept. 2000)
Successfully defended mother against father's appeal from a custody order, with father's appeal being dismissed for failure to comply with CPLR 5525.
Oyang v Jeng (2nd Dept. 1999)
Successfully obtained a reversal of an order which granted struck the wife's counter-claims against the husband in a plenary action, allowing the wife's counter-claim to be determined on the merits.