Encinitas, CA asked in Appeals / Appellate Law, Estate Planning and Elder Law for New York

Q: Are you aware of any cases that lost a Motion to Reargue - but was able to perfect an appeal?

2 Lawyer Answers
Benjamin Z. Katz
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  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: If you wish to challenge a decision or order, you may move to reargue and also appeal. Moving to reargue does not preclude an appeal.

Charles Holster agrees with this answer

Charles Holster
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  • Appeals & Appellate Lawyer
  • Garden City, NY
  • Licensed in New York

A: The fact that you lost the motion to reargue will not prevent you fr om following through with your appeal so long as you filed a timely notice of appeal from the Order. If you did not do that, it will be too late to do so. You cannot appeal from an order which denied reargument unless the order, in effect, granted reargument in that it addressed the merits of the motion.

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