Lake Placid, NY asked in Appeals / Appellate Law for New York

Q: Is there any reason I wouldn't be able to file an appeal if I lost at the trial court level?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: As long as you are within the time allowed, appeals are as of right from final determinations. But beware, the deadline to file is absolute.

Barry E. Janay
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Answered
  • Estate Planning Lawyer
  • Livingston, NJ
  • Licensed in New York

A: You can FILE an appeal any decision (final decisions in NY State Court only, in Federal Court you can appeal an interim / non-final Order or decision), however whether you'll be successful on appeal is an entirely different question that depends on the facts and procedural history of your case. The standards of review on appeal include whether reversible error occurred, the sufficiency or weight of the evidence, abuse of discretion, amongst others. Ideally when you're appealing an unfavorable decision you'll get a DE NOVO review which means a new review which is often the case when the ruling of an arbitration body is being appealed.

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