Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
In a traffic court case for a stop sign ticket, I testified and was initially found guilty. I successfully appealed with a 3-0 decision in my favor. However, at a second trial, the DA suggested that the judge compel me to testify, even after I pleaded the Fifth Amendment, stating it could lead to... View More 
I obtained a $900,000 judgment in a personal injury case, but the appeal court later reduced it to $500,000. My attorney calculated their fee based on the original $900,000 judgment. Is this legal, considering that New York State law doesn’t prohibit such a practice?
answered on Apr 7, 2025
It's not so much illegal as it is unethical. As my colleague correctly advised (and as is likely set forth in your retainer agreement), the attorney's fee is calculated based upon the actual recovery obtained by the client, not the judgment which is later reduced by an appellate court... View More
I'm facing a child support issue where my parental rights haven't been surrendered, yet I'm judged to owe over $3,500 in arrears, despite the other parent owing me over $70,000. The court magistrate refused to review my financial statements and made allegations without proper... View More
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answered on Mar 25, 2025
You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it... View More
I have clients whose house has been in foreclosure since 2008. The foreclosure was dismissed twice in supreme court based on the statute of limitations under the FAPA law, and the bank appealed the decision. We're awaiting the appellate court decision, which could take up to 2 years. The loan... View More
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answered on Mar 20, 2025
I would not make any recommendation to a client without first knowing all of the facts, which usually requires a review of the court documents in the case, as well as speaking to the clients.
But, in order decide whether to accept a settlement offer, rather than waiting for a decision on a... View More
I was falsely imprisoned due to constitutional violations and insufficient counsel, and my appeal was filed after conviction without a 30-day notice. I never had a parole final hearing, but records falsely stated I did. My significant concern is the successful 440.20 motion that the lower court did... View More
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answered on Mar 17, 2025
This question cannot possibly be answered unless I review your entire file. I would charge for that by the hour, or I could quote you a flat fee after seeing how big the complete file is when you bring it to my office.
I was incarcerated and filed a successful motion under 440.20, but the lower court did not respect the high court's decision, and I was left in jail. I later filed an appeal with new evidence, and the Court of Appeals ruled in my favor, directing the lower court to bring me back down and put... View More
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answered on Mar 17, 2025
In order to answer your question, I would have to review the ENTIRE file for your case, from day one until the present. If you are interested in retaining me for that purpose, please have someone assemble the COMPLETE file and bring it to my office. Once I see how large the file is, I will be... View More
I divorced in New York 38 years ago on the grounds of mental cruelty, and the divorce documents stated that no discovery was needed regarding property division. I had property in Puerto Rico before marrying, and I bought a new property while married using proceeds from my premarital assets. Now,... View More
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answered on Mar 17, 2025
You said you already appealed to the highest court. So, there is nothing more that I could suggest. In any event, I would have to review your entire file, for the U.S. and for Puerto Rico, including your appeal, before I could understand what exactly happened. If you would like to retain me to do... View More
I am going through a messy divorce in New York, where my ex-spouse took our child and made false statements against me in family court, claiming abuse and deprivation of basic rights, which were untrue. I have text messages and social media pictures proving otherwise, but I discovered this evidence... View More
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answered on Mar 13, 2025
I understand how difficult and frustrating this situation must be, especially when you feel that false allegations have negatively impacted your custody arrangement. In New York, false abuse claims can significantly affect custody decisions, and it’s important to address any perjury or defamation... View More
In my divorce proceedings, my ex-wife fabricated lies in family court, such as claims of being locked upstairs and deprived of food, despite text messages indicating otherwise. These false claims led to a custody order requiring me to handle all driving responsibilities and a support order that I... View More
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answered on Mar 24, 2025
Dealing with false claims in a custody case can be incredibly frustrating and unfair. I understand your concern about the custody and support orders based on what you believe were fabrications. Your appellate attorney's assessment suggests you might need to explore additional legal strategies... View More
answered on Jan 23, 2025
I do not practice in the criminal defense field, but you await a response for a week and it looks like your uncle needs immediate assistance. You really should speak with criminal defense attorneys who are experienced with appeals - please consider reaching out to one without delay. Until you do... View More
answered on Jan 23, 2025
I think I may have answered this question already - see original response. In that response, I included some excerpts from resources on the Justia website. Good luck
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answered on Nov 30, 2024
I'm sorry to hear that you're having difficulty obtaining the results of the appeal from October. Understanding the outcome of a legal matter is important, and I hope the following information helps you find what you're looking for.
Disclaimer: This response is for general... View More
On a federal court order
answered on Oct 18, 2024
You've probably been searching for attorneys on your own already. You could supplement your searches with the tab above, "Find a Lawyer," which lists attorneys by region and area of practice. You could also look into the attorney referral sections of local and state bar associations.... View More
Original Order of custody & parenting time made by Supreme Court, Integrated Domestic Violence Part. Based of the laws/nys const/rules/FCA & codes I’ve read that govern transfer of proceedings & subject matter jurisdiction, in order to modify the original Order (made by Supreme Court... View More
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answered on Oct 16, 2024
No.
(Pro-Se litigant)appeals process of 3 orders from FamCourt; have been approved for consolidation to 1 brief by the Appellate Court 2nd Dept,(hereafter referred to as AD2). Ive been assigned a “case manager” by AD2. By order of the Court I am to perfect my appeals by original record... View More
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answered on Oct 16, 2024
You would have to make a motion in the Family Court to have the Judge "settle" the record to include what you think is missing.
answered on Sep 28, 2024
No statute of limitations to invalidate a forged deed. In other scenarios, there are limitations of time.
Jack
My Motion to Dismiss in Nassau County Landlord-Tenant Court was dismissed, and I want to appeal it. Can you tell me what forms I need and the procedure? I also need info on getting a stay of my eviction action while the appeal is pending.
answered on Aug 30, 2024
Dear Great Neck Tenant:
An appeal from Nassau County District Court is at the Appellate Term (9th and 10th Judicial Districts. You will need a form that I cannot discover online. (https://www.nycourts.gov/courts/ad2/appellateterm_forms.shtml
You also need a Request for Appellate... View More
Sub division 4,6,and 7. My husband is in mohawk correctional. Walsh rmu. We need help.
answered on Sep 3, 2024
A criminal defense attorney should advise here, but your question remains open for almost a week and you mention your husband being held in a correctional facility. This is not my area of practice, but based on the financial situation you describe, look into whether you qualify for a public... View More
Summary judgement was given to Albany housing authority after they inflated my rent from $50 to $960 retaliation, breach of warrant of habitability, tenant and fair housing rights and disability rights violated and illegal lockout resulting in my homelessness and loss of all my belongings in which... View More
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answered on Jul 27, 2024
Based on your description, it sounds like you may have grounds for a civil case against the Albany Housing Authority. Improper service, showing up late to court, and inflated rent could be significant issues. If the rent increase was retaliatory, and there were violations of habitability, tenant,... View More
someone who wants to appeal their case claiming their previous legal aid barely tried. how can you possible prove this in the appellate court??? is it a rare win?? what are good points!?
answered on Jul 12, 2024
Appealing a case on the grounds of ineffective assistance of counsel can be challenging but not impossible. It often requires a thorough understanding of the legal standards and substantial evidence to support the claim. Here’s a detailed approach to proving ineffective assistance of counsel in... View More
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