Appeals
Appeals Overview
By J. Douglas Barics
Appellate lawyer J. Douglas Barics has handled numerous appeals in the Appellate Division of New York. By combining significant trial experience with a deep knowledge of appellate law, he brings a wide range of skills as an effective advocate for his clients.
At the Law Office of J. Douglas Barics, we recognize that litigation does not end with a trial decision or judgment. A favorable judgment is only as effective as upheld by an appeals court, and an unfavorable judgment can be substantially remedied by an appeal, but only if trial counsel sufficiently preserves the issues for appellate review.
The appellate brief is only one part of the appellate process, and the best appeals have their foundations laid out well before the underlying trial begins.
But the perfect appeal doesn't exist, and being able to adapt to each specific case and address each specific roadblock is part of what we do.
We welcome inquiries directly from potential clients and from trial counsel who are in need of appellate assistance. Appellate advocacy goes far beyond merely writing a good brief, there are procedural landmines which must be avoided and are traps for the unwary.
We are often retained as appellate counsel to assist trial attorneys in representing their clients effectively.
Do you need representation in an appeal in the First or Second Department?
Contact us online or at (631) 864-2600.
Overview of Appeals
What you need to know about appeals in New York
What is an appeal?
An appeal is a request that for an appellate court to review and correct errors made by a trial judge when these errors are significant enough to change the order being appealed.
What is taking an appeal?
Taking the appeal is the filing or serving the notice of appeal when there is a right to appeal, or by filing the motion for permission to appeal when there is no right to appeal.
How much time do I have to take an appeal?
The time to take an appeal is 30 days after the notice of entry is served.
How are parties identified in an appeal?
The parties keep their lower court designation followed by their appellate role.
In appeals from Supreme Court, the designations would be either
Plaintiff-Appellant
v
Defendant-Respondent
or
Plaintiff-Respondent
v
Defendant-Appellant
From Family Court or any proceeding that uses Petitioner and Respondent, the designations would be
Petitioner-Respondent
v
Respondent-Appellant
or
Petitioner-Appellant
v
Respondent-Respondent
What rulings are appealable?
The ruling must be in writing and signed by a judge.
Can I appeal from a default?
No appeal can be taken from a default order. Instead, a motion to vacate the default must be filed and if denied, that order is the appealable order.
What is perfecting an appeal?
Perfecting the appeal is the filing of the record and brief.
How much time do I have to perfect an appeal?
Appellant's have six months to perfect the appeal unless a shorter time is set by the Appellate Division.
How do I request an extension of time to perfect an appeal?
Every appellant has two automatic extensions of time as of right, which are requested by letter. After that a motion is needed.
What is oral argument?
Oral argument is when you orally argue the appeal and answer questions raised by the appellate judges.
Can I watch oral arguments on line?
Yes. In addition the archives of oral argument are available for viewing.
Contact Our Appellate Counsel Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any appeal, no matter how challenging or complex. With over 20 years of appellate experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled appellate lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.