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Appeals

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Appeals Overview

By J. Douglas Barics
Suffolk County Appellate Attorney

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.

Appellate attorney J. Douglas Barics is often retained as appellate counsel to assist trial attorneys in representing their clients effectively.

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.

 


 

Prosecution of Appeals

If you are not happy with the outcome of your case, an appeal is an option.

Appeals must be taken within thirty days of the notice of entry of the judgment or order being appealed. That starts the six month clock running to complete the appeal. Under the new rules which went into effect September 18, 2018, an appeal which is not completed within that six month time frame is automatically dismissed.

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Defense of Appeals

If you are defending an appeal, you need an attorney with experience in appellate litigation. Looking for procedural errors in the appeal could get it dismissed.

Beyond procedural defenses is identifying key weaknesses in the framework of the issues on appeal. Shifting the framework from law to discretion gives the defending side a significant advantage when the merits of the appeal are reached.

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Cross Appeals

A cross appeal occurs when both sides seek to appeal a trial court order or judgment. Cross appeals present a very different set of dynamics than when only one side appeals, as the non appealing party normally has the status quo in his or her favor. This framework is absent in cross appeals.

Cross appeals are often warranted, but they fall into a different category than an appeal or a defense of an appeal.

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Stay of Enforcement under CPLR 5519

A stay of enforcement is a request to have an order which prevents enforcing the order or judgment being appealed. 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.

 

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Motion Practice in the Appellate Division

It may not be apparent, but motion practice in the Appellate Division is an important part of appellate practice. The two most common motions are motions to enlarge the time to perfect an appeal, and a motion for a discretionary stay under CPLR 5519(c).  However, understanding what motions are available and the reasons why they are authorized is an critical to prosecuting or defending an appeal

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