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New York Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Appeals / Appellate Law, Constitutional Law and Immigration Law for New York on
Q: How can I get free legal assistance for my federal cases in New York?

I have pending federal court cases, including an appeal for a wrongful conviction and an asylum claim. I am representing myself but need a free attorney to assist with my legal issues, as I cannot afford to hire one. What options are available for getting free legal assistance in this situation?

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2025

In addition to traditional resources for legal aid and pro bono legal services which you've probably explored, an additional resource that could be worth exploring might be student-faculty organizations at local law schools. The New York metro area has a high density of law schools, and some... View More

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4 Answers | Asked in Appeals / Appellate Law, Business Law and Insurance Defense for New York on
Q: Appeal for full life insurance payout as primary beneficiary in NY?

The insured person had a life insurance policy listing two primary beneficiaries: her mother and me. No specific percentages were listed, and there were no contingent beneficiaries. Her mother passed away after the insured but before the payout. The insurance company plans to split the payout... View More

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2025

To give you a definitive answer, attorneys would probably want to see the life insurance policy. Life insurance policies can operate as a contract, independently of estates and wills. In many cases, they do that in a straightforward manner. But it's possible the insurance carrier may be... View More

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Q: Can I request DA to pursue perjury charges and file a civil case after a final judgment in NY?

I have recently received a final judgment in my favor against a defendant who committed perjury in criminal and family court, which significantly influenced decisions and caused me to lose my job and future employment opportunities starting four years ago. An interlocutory judgment on consent... View More

Stephen Bilkis
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answered on Jul 24, 2025

I'm sorry to hear about the difficulties you’ve faced as a result of another person’s false statements and the long-term impact on your career and well-being. Situations involving perjury and bankruptcy abuse can be frustrating, especially when legal remedies feel limited.

In New...
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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for New York on
Q: How can I seal my 1971 manslaughter conviction from New York?

I want to apply to have a conviction sealed from 1971 when I was just 17 years old. I was convicted of manslaughter; although I was present, I was not the culprit. My lawyer verbally promised that my case would be sealed as a Youthful Offender, but I've recently found out that it wasn't.... View More

Stephen Bilkis
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answered on Jun 30, 2025

I'm sorry you are dealing with the consequences of a decades-old conviction that continues to affect your life. It is understandable that you would want to clear your record, especially given the circumstances and your age at the time of the offense.

In New York, the ability to seal or...
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3 Answers | Asked in Immigration Law, Identity Theft, Appeals / Appellate Law and Consumer Law for New York on
Q: How to reinstate a mistakenly withdrawn I-130 petition and appeal an I-485 denial due to suspected identity theft?

I filed an I-130 petition for my father in July 2024. On May 12, 2025, I received a notice from USCIS stating that my petition was withdrawn based on a request they allegedly received from me. However, I did not request or authorize this withdrawal. As a result, my father's I-485 was denied,... View More

Remzi Guvenc Kulen
Remzi Guvenc Kulen
answered on Jun 9, 2025

Even if you contact USCIS and appeal the 130 and the 485, it is possible that USCIS will not reopen the case. Even if it does, it may take a very long time. Congress assistance may work in this case. Contact your congressman and try to get help for this case. Elected official help is great for... View More

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3 Answers | Asked in Immigration Law and Appeals / Appellate Law for New York on
Q: Can withholding of removal be contested beyond an asylum officer's decision?

I have a question regarding an individual who currently has withholding of removal status. If the person receives a notice of intent to terminate this status and is asked to appear before an asylum officer to present evidence, is the officer's decision final? Can the individual request a... View More

Nkem T. Uzoka-Anofienem
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answered on May 7, 2025

Yes, withholding of removal can be contested beyond an asylum officer's decision. Unlike asylum, withholding of removal can only be granted by an Immigration Judge (IJ), not an asylum officer.

If an asylum officer denies withholding of removal, the case may be referred to an...
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2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Civil Litigation for New York on
Q: How can I claim compensation after a conviction reversal on appeal?

I'm seeking advice on how to pursue a claim for compensation after being incarcerated for nearly three years. My conviction was reversed on appeal on December 17th, 2023, with the conviction dated August 6th, 2021. I have not received any compensation or guidance from the appeal court, and... View More

Charles Holster
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answered on Apr 14, 2025

A good starting point would be to see if you reside on one of the 35 States that have a wrongful conviction compensation statute. This link is to a table showing the features of those statutes:... View More

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4 Answers | Asked in Appeals / Appellate Law, Personal Injury and Legal Malpractice for New York on
Q: Is it legal for attorney to base fee on original judgment after a reduction in NY?

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?

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2025

It would depend on the terms of your retainer. But the normal practice in the industry is to base the fee on the ACTUAL FINAL amount recovered. Awards can routinely be reduced by a court, or through an appellate decision. It's ultimately that REDUCED amount on which attorney fees are typically... View More

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4 Answers | Asked in Appeals / Appellate Law, Personal Injury and Legal Malpractice for New York on
Q: Is it legal for attorney to base fee on original judgment after a reduction in NY?

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?

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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3 Answers | Asked in Child Support, Appeals / Appellate Law, Civil Rights and Family Law for New York on
Q: Seeking representation for child support arrears and court judgment issues in NY.

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

Charles Holster
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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

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2 Answers | Asked in Appeals / Appellate Law, Foreclosure and Gov & Administrative Law for New York on
Q: Foreclosure case: Settle for $100k or wait for appellate court decision?

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

Charles Holster
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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...
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2 Answers | Asked in Divorce, Child Custody, Libel & Slander and Appeals / Appellate Law for New York on
Q: False abuse claims affect my custody in NY. How to report perjury?

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

Stephen Bilkis
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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

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: How can I find out the results of an appeal from october?
Stephen Bilkis
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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...
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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for New York on
Q: My Motion to Dismiss in Nassau County Landlord-Tenant Court was denied, and I want to appeal it.

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.

Steven Warren Smollens
Steven Warren Smollens
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...
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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: can bad representation of counsel be difficult to prove when appealing?

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!?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
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

2 Answers | Asked in Appeals / Appellate Law, Constitutional Law and Civil Litigation for New York on
Q: What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court

What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?

James L. Arrasmith
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answered on May 1, 2024

In a writ of certiorari petition from the US Supreme Court, the term "constitutional and statutory provisions involved" refers to the specific parts of the Constitution and any relevant laws that are applicable to the legal issues being presented in the case. This includes any... View More

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2 Answers | Asked in Appeals / Appellate Law, Constitutional Law and Civil Litigation for New York on
Q: What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court

What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?

Tim Akpinar
Tim Akpinar
answered on May 11, 2024

There are attorneys admitted to practice before the Supreme Court who deal with these issues regularly. Certiorari is a means for the Court to select cases. It could be helpful for such an attorney to review your case for meaningful guidance. In general terms, constitutional provisions are those... View More

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on
Q: I have a writ of certiorari petition packet from the US Supreme Court that needs to be done on, or before 6/6/2024.

I have difficulties in understanding some pages, such as: 1)related cases 2)in the table of authorities cited on part that asks cases 3)statement of the case. These are the 3 that I have difficulties in understanding, in which, I have to make sure that I fill it out correctly or it will get... View More

Charles Holster
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answered on Apr 17, 2024

The questions you are asking are very basic, and the fact that you have to ask them suggests that you should not be attempting this appeal to the U.. Supreme Court without legal representation.

Q. what does related case mean? A. related cases" means other cases that you are involved...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: The prosecutor on my case from 11/30/2022 appealed the judges dismissal with prejudice. Didn't I have to be notified?

It was dismissed because the accusatory instrument was in error. She won the appeal, mind you this is on a city court level. I feel this is harassment and violating my civil rights. Wasn't the dismissal the law? How can she win an appeal on factual law??

Charles Holster
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answered on Apr 8, 2024

Yes, you had to be notified. The prosecution had to send your attorney a copy of its a motion. So, check if your attorney received it or not. If he did, he should have informed you. If your attorney did not receive a copy of the prosecution's motion, then the appeal may have been defective.... View More

2 Answers | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Family Law for New York on
Q: What is the likelihood of appellate court obtaining jurisdiction in a custody case if judicial misconduct is proven?

I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More

Peter Christopher Lomtevas
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answered on Mar 25, 2024

We are told so very little about both the procedural history and the substance of the asker's case so as to have to guess to fill in the blanks. At first blush, this appears to be a forced-stip case where the court's aim is to get the parties to agree to their own resolution according to... View More

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