Appeals
Long Island Appeals Attorney
Appeals Lawyer for Nassau and Suffolk
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.
What you need to know about appeals in New York
What is an appeal?
An appeal is a request made to an appellate court for a review of a judgment or order which asserts that the trial court made a significant error which was large enough that the judgment or order should be corrected in some way. An appeal is not a new trial, it is a judicial peer review by a panel of appellate judges who decide if the trial judge made a mistake significant to warrant revising that judge's determination.
How is an appeal filed in New York?
An appeal is filed by first serving a notice of appeal, plus a copy of the order or judgment being appealed, and an informational statement and serving it on the other party. It is then filed with the court which issued the order with proof of service, along with a $65 filing fee.
What is taking the appeal?
Taking the appeal is the is the filing or serving the notice of appeal when there is a right to appeal. Either of these acts alone is enough to confer appellate jurisdiction, even though these acts by themselves are not sufficient to proceed with the appeal without correcting them. Taking an appeal is also made by filing the motion for permission to appeal when there is no appeal as of right.
How much time do I have to take an appeal in New York?
The time to take an appeal is 30 days after the notice of entry is served, with an additional five days added if service is made by mail alone.
What is an appeal as of right?
An appeal as of right is when you have the right to take an appeal automatically. It is done by the filing of a notice of appeal, and the Appellate Division is required to consider your appeal if properly taken and perfected.
What is an appeal by permission?
An appeal by permission is a request for an order to have the appeal considered when there is no right to take the appeal. A motion for permission to appeal is made, and the appeal may be prosecuted only if the motion is granted.
What is perfecting an appeal?
Perfecting the appeal is the filing of the record and brief.
What is the record on appeal?
The record is a copy of the notice of appeal, the order or judgment being appealed, all settled transcripts, and all documents in evidence which were considered by the trial court.
What is the appellant brief?
The brief is the argument why the order or judgment being appealed should be reversed or modified. The specific formatting of the brief are set by statute and local rules for each appellate department. The most significant portions are the following.
- Table of contents
- Table of authorities
- Questions presented, with the answer to each question stating how the trial court answered it.
- Statement of facts
- The argument points
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 which adversely affects a party.
Can a default order be appealed?
A default order cannot be appealed, as there is no information why the default occurred. The remedy is to make a motion to vacate the default. The order which decides this motion is an appealable order.
How much time is there to perfect an appeal?
An appeal must be perfected within six months. This time can be extended twice automatically, and by motion after that. Shorter times to perfect can be set by the Appellate Division. Family Court appeals are often given shorter times.
How is extra time requested to perfect an appeal?
Every appellant has two automatic extensions of time as of right, which are requested by letter. The first is for 60 days, the second is for 30 days. After that a motion is needed for additional time.
What is oral argument?
Oral argument an argument before the appellate judges where the main points are raised, and answer questions raised by the appellate judges.
Can oral arguments be viewed online?
Oral arguments can be viewed online live. 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.