White Plains, NY asked in Appeals / Appellate Law for New York

Q: Is there a time limit to appeal a court decision?

I received a court decision in my favor, the defendant has said he will appeal this decision, which was 7 months ago,is there a time limit to make an appeal?

Related Topics:
1 Lawyer Answer
  • Wilmington, DE

A: Yes. Although you did not indicate in your question which Court found in your favor, it seems unlikely that the defendant can still file an appeal. For example, in Family Court, it's 30 days (or sometimes 35 days). In New York's City Civil Court, you are required to send a copy of the judgment with notice of its entry to the defendant. The defendant's time to appeal starts once you do this. If you fail to do this, there are no time limitations for filing the appeal. You should look at the Rules of the Court that ruled in your favor. The Rules state what the time period for appeals is.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.