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New York Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Immigration Law for New York on
Q: Q: i appeals my case in the immigration seven months ago but i still didn't receive an answer what i should do thank you
Julie C Hancock
Julie C Hancock
answered on Jul 27, 2020

This requires more information and a more detailed look at your specific situation, including what type of immigration status or matter you are dealing with, what you were denied for, where you appealed, and the circumstances around that. If you had an attorney help you file the appeal, you should... View More

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: HI everyone can you appeal a bench trial decision by a lower court if the appeals court sent it back.,
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jun 25, 2020

It depends. If the appellate court sent the case back with instructions to do such-and-so, and the lower court did not follow those instructions, I would say yes.

Q: I need to prove that I am being tortured because the ppl doing it are getting away with it. I need representation.

Seeking legal advise but months later there is still no response on here.

Derek John Soltis
Derek John Soltis
answered on May 10, 2020

Call an attorney that specializes in civil rights. You are not likely to get information that can help you on a public forum.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: I need to get aNother appeal how do I go about doing it?
Tim Akpinar
Tim Akpinar
answered on Feb 22, 2020

An attorney would need to know more about the matter on which you seek an appeal. You could repost and add some additional information (without including personal information) as to what the matter involves - general litigation, medical claim, employment, etc. Good luck

Tim Akpinar

5 Answers | Asked in Appeals / Appellate Law and Bankruptcy for New York on
Q: Hi, I filed Chapter 13 Bankruptcy to stop the sale of my home. I have an Appeal in the NY Appellate 1st Dept.

I am pro se. Does the Bankruptcy Stay the Appeal in the Appellate?

Derek John Soltis
Derek John Soltis
answered on Feb 7, 2020

Yes the bankruptcy stops the appeal.

A bankruptcy stops all legal proceedings unless someone files a motion to lift the automatic stay.

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1 Answer | Asked in Appeals / Appellate Law and Employment Law for New York on
Q: I am fighting an unemployment case I had a hearing and a appeal now it has to go for another motion to dispute

is it to late to get a attorney involved

V. Jonas Urba
V. Jonas Urba
answered on Jan 28, 2020

You might try a law school clinic which allows law students to learn while helping clients who lack the legal skills necessary to uncover evidence which may have been misinterpreted or not addressed. Of course if the evidence was not introduced into the record that will be problematic.

Your...
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1 Answer | Asked in Employment Law and Appeals / Appellate Law for New York on
Q: I'm a pro se litigant and need to write a reply brief in the US Court of Appeals for the 2nd Circuit. Any examples?

I would just like to see what a typical brief looks like (table of contents wise) so I know how to organize my argument. Thank you.

Charles Oliver Wolff
Charles Oliver Wolff
answered on Jul 22, 2019

Search at scholar.google.com. You'll get plenty of examples!

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: How does my husband go about getting a pro bono appeals lawyer?

He had taken a plea and was sentenced this past November. His plea was 63-78 and was given 96 months. He filed for an appeal and now I feel we're at a roadblock because Im not sure what his next move is. His lawyer has barely communicated since sentencing. He's still in holding in MDC... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 22, 2019

You can search the internet or contact the NYC Bar Assoc for referrals to legal aid organizations and criminal justice innocence projects that offer criminal defense appeals work. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

2 Answers | Asked in Employment Law, Appeals / Appellate Law and Civil Litigation for New York on
Q: Must a NY State Supreme Court Decision and Order include the "papers read" on the cover or somewhere in the text?

In a Decision and Order in an Article 78 case, the court granted respondent's Cross-Motion to Dismiss my Petition for failure to state a cause of action and, apparently sua sponte effectively converting the Cross-Motion into a motion for summary judgment, denied the Petition, as well, without... View More

Michael David Siegel
Michael David Siegel
answered on Jan 12, 2019

CPLR 2219 on motions. It is required.

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on
Q: Re: Cases decided NY Supreme Appellate Division, Second Dept (2013) Can all the pleadings and motions be seen?

I called the court 5 times, the only extension that picked up was lobby security.

Michael David Siegel
Michael David Siegel
answered on Nov 9, 2018

They can be seen if you order the file at the court. It is not online.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: If I'm related to a case, but not a named party, can I appeal a decision?
Michael David Siegel
Michael David Siegel
answered on Nov 9, 2018

Not if you did not intervene in the proceedings below.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: I just lost custody of my kids after a nasty divorce from my wife. How do I start the appeals process?
Michael David Siegel
Michael David Siegel
answered on Oct 18, 2018

You file a notice of appeal in the court that ruled, and then perfect the appeal in the Appellate Division. It is expensive, and you are very unlikely to succeed. Factual issues are only overturned if arbitrary, and custody matters are all factual.

Q: Appealing a denied vaccination exemption. How does the state define sincere religious belief? No vaccines in 9 years...

We moved here 2 months ago and our kids are doing great in schools. We applied for the vaccine exemptions as we have the last 9 years and we were denied because the school district claims we weren't sincere in our religious beliefs. The system in place to appeal seems extremely legalistic. It... View More

Michael David Siegel
Michael David Siegel
answered on Oct 16, 2018

It is very hard to appeal these decisions. Appeals take over a year, and during that time your kid cannot attend school. We have done them, but success is hard.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Small Claims for New York on
Q: I am the Mother, Can I file a Petition, Pro Se, requesting Supoena Duces Tecum to acquire Medical Examiner's Report?

I am the mother of the deceased daughter. Her husband blocked me from receiving the Coroner or Medical Examiner's Report of when she passed, how she passed.

Michael David Siegel
Michael David Siegel
answered on Sep 27, 2018

No. You are not next of kin.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Can you appeal all types of criminal convictions in NY?
Michael David Siegel
Michael David Siegel
answered on Aug 18, 2018

Yes, in the time and manner required.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Native American Law for New York on
Q: Hello I am a concerned father,my son was convicted at trial for a case he never knew nothing about and lost at trial

We obtain private legal representation and they never came to see my son.he just got sentence to 10yrs and has no record the attorneys were inaffected

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jul 18, 2018

This seems like a miscarriage of justice to me; of course, I would need to read the trial transcript and speak to all necessary parties, but I hope you guys are filed a notice of appeal because this case needs to be appealed.

My practice is chiefly concerns criminal law, and I have been...
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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Seeking pro-bono appellate attorney for third division to vacate divorce decree
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jul 18, 2018

We cannot do this pro bono but we can do it at the 18-B rate (that’s one of court appoints you to represent someone) of $95/hour. Our paralegals would do most of the paperwork but everything will be reviewed by myself or one of my of counsel attorneys and I will make all court appearances and... View More

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: If I won my trial court case and the defendant decides to appeal, does that delay my ability to receive a monetary award

of damages? My medical bills are overwhelming and need to be paid back now. If interest gets added to them and I win the appeal, will the defendant have to pay for that too?

Michael David Siegel
Michael David Siegel
answered on Jul 9, 2018

Collection of a trial court judgment on appeal is only stayed if the defendant posts a bond in the amount of the judgment during the appeal. Otherwise you can collect.

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for New York on
Q: Do I need to file a Notice to Appeal for every Order contained in a Plaintiff's Notice of Entry?

Plaintiff filed a Notice of Entry which I need to respond to if I want to preserve right of appeal. The one Notice of Entry contains 4-orders. Do I need to file a Notice to Appeal for each of the orders, or is the Notice of Entry considered one entity whereby I only need to file one Notice to... View More

Michael David Siegel
Michael David Siegel
answered on Jun 10, 2018

You can file one Notice of Appeal but it must properly reference each order you are appealing.

1 Answer | Asked in Contracts and Appeals / Appellate Law for New York on
Q: Would a 2nd circuit pro se appellee be disadvantaged to simply ask the court to uphold the lower court’s decision?
Michael David Siegel
Michael David Siegel
answered on May 13, 2018

It might be sufficient, and is legally sufficient, but it not the best way to make an argument.

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