Appeals
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.
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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.
