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New York Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Immigration Law, Employment Law, Appeals / Appellate Law and Education Law for New York on
Q: Question about working and visa status

I’m remaining in F1 status (student visa-nonimmigration), I have far- relative lives in New York, he is owning a restaurant. I live with him and his family. I volunteer to help him with his restaurant during my free time just about 2-3 hours per week. No income received, no salary, no tips, no... Read more »

Moses Apsan
Moses Apsan
answered on Sep 21, 2022

If you are merely helping out without pay the I would not consider it employment.

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1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for New York on
Q: Why decision is not published in Justin? What shall I do to publish decision?

LT-059414-2010

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 4, 2022

Decisions are published on the court’s website. You also can find decisions on the NY Reporr website.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: I missed the 30 days for a appeal in Smalls claims court. What can I do?
Michael David Siegel
Michael David Siegel
answered on Apr 16, 2022

No. These deadlines are absolute.

2 Answers | Asked in Family Law and Appeals / Appellate Law for New York on
Q: What does Omitted pursant to Court 800.14 mean in regards to Transcripts ?

Thank you for the reply, this makes no sense B/C its a Child Custody Appeal....unless the Transcripts are being omitted due to the other party having committed a Family Offense, could this be possible?

I was told it means Transcripts were electronically sent and not in paper form.

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2022

I'm sorry your question remains open for two weeks. I looked up the statute to see if it would be helpful in pointing you in the right direction for guidance. The statute you cite reads in part... [Section 800.14] Appeals in criminal cases. " ...When the clerk of the trial court has... Read more »

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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: What is the seminal case involving an outfielder injured when he stepped in a hole in the outfield at a ny baseball stad

It's an old negligence case but the first of its sort where there was a hole or uneven grass at a NY stadium (I think it was yankees) and someone in the outfield when chasing a ball stepped in it and injured his ankle. I used to know it but have forgotten.

Tim Akpinar
Tim Akpinar
answered on Jan 31, 2022

I'm not certain about a hole in the field, but I believe there was a claim in the seventies or eighties contending that that one of the New York stadiums had been poorly designed due to not providing for adequate water drainage from the outfield, which led to a ball player's injury.... Read more »

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Child Support and Family Law for New York on
Q: Best way to appeal a verdict from a relocation/ custody relocation case from Judge Carney

I have 50 days to present an appeal that was filed by my previous attorney for a reversal of the verdict. I am seeking residential custody of my 7 year old. I need a good family law attorney

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 19, 2022

There is no "best way" to appeal any order from any judge in family court. The appellate standard is that the decision of a judge shall not be lightly overturned unless it lacks a sound and substantial basis in the record. This means that Carney, a Buffalo judge and former practitioner in... Read more »

1 Answer | Asked in Appeals / Appellate Law, Contracts and Civil Litigation for New York on
Q: Motion to Vacate or Appeal?

I recently represented myself (big mistake) and lost to an adversary with an attorney.

The judgement is an order against me but I think the judge was asleep since he got many details wrong.

Would a Motion to Vacate (based on errors and new evidence) work and what is the timeframe?... Read more »

Kevin Abessi
Kevin Abessi
answered on Sep 2, 2021

Hi.

Attorneys are prohibited from soliciting in the Ask a Lawyer section. However, a search in the directory based on your needs should help you find good options for this matter.

Thanks.

1 Answer | Asked in Tax Law, Real Estate Law and Appeals / Appellate Law for New York on
Q: I have been paying commercial property taxes for a common ground

I own residential and commercial property that sits on 1 lot. The commercial property next to me was run by a bank and was recently vacated. A new owner has informed me of a substantial common ground

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 31, 2021

Your post doesn't contain a question. If you want assistance with general information related to your situation, it would be helpful to understand what it is you want to know.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New York on
Q: Why would they not inform the family about his intentions to try to appeal his sentence?

I am daughter am entitled to know of his actions. Yet, no one informed me.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 14, 2021

Notices of appeal are served on the attorneys on a case. It is up to the attorneys that represent parties to notify their clients. In a criminal case, you are not a party so you would not get notice.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: I will like a good and trustworthy lawyer that can help my brother win his appeal case. He has the lowest crime

But getting maximum punishment for it. Please help him.

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2021

I sorry your question remains open for two weeks. Only an experienced criminal defense attorney should advise here, but you're waiting for a response. At this point, if you haven't already reached out to attorneys, you could use the tab above (Find-a-Lawyer) to search by region, or you... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: My husband was arrested and is now at Rikers Island In New York State. He was never read his Miranda Rights.

What steps can be taken and what motions can be filed to help him?

Peter Wade Kolp
Peter Wade Kolp
answered on Mar 29, 2021

If that is the case, and it can be proven or argued , it would go to surpressing any statements (keeping those statements out of evidence and not used against him) he made and be argued in legal docs called motions.

Depending on the case, one can still be convicted without their own...
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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Is it common for lawyers to help a pro se litigant perfect an appeal, or is this something that is frowned upon?
Tim Akpinar
Tim Akpinar
answered on Jan 11, 2021

Attorneys helping pro se litigants is generally regarded as normal and acceptable. The prospects for obtaining free legal support could depend on the matter at hand, and the financial means and position of the litigant. Every case could be different. Good luck

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Is a turnover order in NY State of funds held in an escrow account appealable? Underlying judgment is being appealed.

The NY State court decided in favor of the other side, appeal pending. Court ordered that funds held in escrow be turned over to satisfy judgment before appeal is heard. Can this turnover order also be appealed? Will that keep funds in escrow until appeal is decided?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Dec 11, 2020

First, I am not a New York lawyer. That being said, what the appealing party should do is file a motion for stay, in either the trial court or the appellate court. The fact of an appeal doesn't automatically stay the judgment appealed from-- for that you need a motion for (a) stay.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: Do federal courts set precedent for how police officer can act in a constitutional manner?

For example, Miranda v. Arizona which was decided by the Supreme Court mandates that suspects have to be read their rights to an attorney and to remain silent, but would a similar case decided by a lower federal court (district or circuit court) have an impact on how police officers should act in... Read more »

Elena Fast
Elena Fast
answered on Dec 7, 2020

Yes, a district court's decision sets precedent for police department and can result in the change of police procedure. Two recent examples - ban of gravity knives unconstitutional (SDNY) and stop and frisk unconstitutional (SDNY). Both were district court decisions that resulted in changes to... Read more »

1 Answer | Asked in Appeals / Appellate Law and Nursing Home Abuse for New York on
Q: WHAT CAN YOU DO IF YOU ARE ILEGALY CONFINED IN A NURSING HOME AND ONLY HAVE A MENTAL HYGEINE LEGAL SERVICE LAWYER
Tim Akpinar
Tim Akpinar
answered on Nov 15, 2020

It could depend on what the matter involves. If it is something other than admission, retention, guardianship and other MHLS-related matters, a family member or friend could look into whether a private counsel could be arranged. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New York on
Q: Is it legal? To get sentenced ton3 years after trial and then 2 months later finding out its 6 years??

I'm my finances P.O.A. and her trial was the most corrupt thing I have seen. So many laws n rules were bended. Also know for a fact extortion was involved. Would need to see and speak with a lawyer for them to understand but im currently under investigation had 2 cop cars pull up to me one... Read more »

Peter Wade Kolp
Peter Wade Kolp
answered on Oct 29, 2020

Consult with a defense attorney as the facts dont appear clear here.

You can lower your jail time for good behavior.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New York on
Q: Is it legal after sentencing to be sentenced to 3 years in prison then 2 months passes, they change it to 6 years?

I'm my finances P.O.A. and her trial was the most corrupt thing I have seen. So many laws n rules were bended and broke. Also know for a fact extortion was involved. Would need to see and speak with a lawyer for them to understand but im currently under investigation had 2 cop cars pull up to... Read more »

Peter Wade Kolp
Peter Wade Kolp
answered on Oct 29, 2020

Typically they can only change a promised sentence if there's a change in circumstances. Was there a written agate? Oral? Did the judge take the plea and was the defendant promised a sentence and then change it based on new findings?

Need more facts. Id ask assigned counsel

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: I recently applied to sit the NY bar and I was not eligible. Does anyone have any knowledge on appeals?

520.14 for a waiver of strict compliance with 520.6. I have a dual degree from Ireland

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Oct 15, 2020

First, I am not a New York lawyer. That being said, I would think your first avenue of appeal would be to the New York committee or the New York lawyers who conduct the NY bar exam. In Maryland, that would be the State Board of Law Examiners, overseen by the Court of Appeals or the Administrative... Read more »

2 Answers | Asked in Appeals / Appellate Law for New York on
Q: Is almost three years a normal wait time for federal district court appeal.

I've been waiting since Feburary 2018 for an answere from federal district court of Buffalo ny. My Lawyers office refuses to answere why it's taking so long.

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2020

Your attorney knows the case better than any speculation that can be offered out here. It could depend on the type of case, and some appeals could take time, particularly if there is a difficult issue on which a higher court is not eager to overrule a lower court. Good luck

Tim Akpinar

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2 Answers | Asked in Appeals / Appellate Law for New York on
Q: How long does federal district court appeal for ssdi take

I've been waiting 2 yrs 6 months for federal district appeal. Total 6 and a half yrs on claim.

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Aug 2, 2020

It usually doesn't take that long. Perhaps you should file a motion or send a letter to the judge requesting a prompt decision, and include the dates of the case.

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