5704 Appellate Review of Ex Parte Orders
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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.
