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New York Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Is an appeal decision by the Circuit, known by the attorneys before it is published?
Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

Generally, attorneys register active litigations and receive email alerts whenever an event occurs in the matter including when decisions are made.

2 Answers | Asked in Appeals / Appellate Law, Estate Planning and Probate for New York on
Q: Need ONLINE case studies RE: violation of NYS Public Policy regarding Beneficiary rights. time sensitive (appeal)

This info. needed asap.

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2022

It could be difficult for attorneys to suggest general case law relevant to your given situation based on the brief description here. You could await a response, but given the short timelines for appeals, you could also consider reaching out to attorneys who practice in the area(s) of law involving... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for New York on
Q: New petitions have been filed change of circumstances have been filed no initial hearing date for first appearance was

That was postponed to a trial continues to get postponed have not subpoenaed my girlfriend into court but want to question her they have no witnesses they have nobody to testify my girlfriend is supply drug test reference letters certificates custody orders in regards to her own children and they... Read more »

Mary Theresa Colwell
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Mary Theresa Colwell
answered on Nov 21, 2022

If you are not represented by an attorney, I strongly suggest you consult with one immediately. If you are preparing for a custody trial where certified documents may need to be submitted, it is essential that they are done properly. An attorney can also move the process forward for you. You are... Read more »

2 Answers | Asked in Appeals / Appellate Law for New York on
Q: To appeal a NY State Supreme court decision notice of appeal must be filed within 30 days of getting the decision.

Is the appellant required to submit his reason for the appeal and his description of why he believes the judgement was wrong with the notice of appeal - or can that be done at a later date?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 14, 2022

The forms can be found on the Appellate Division website in the jurisdiction where the trial court was located. See, for example, the Second Department appeals forms: https://www.nycourts.gov/courts/ad2/formsandpracticeaids.shtml. The "informational statement" mentioned by my colleague... Read more »

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2 Answers | Asked in Appeals / Appellate Law for New York on
Q: NY State Supreme Court dismissed my complaint on 10/14/2022. I want to appeal. Deadline to file notice of appeal?
Charles William Michaels
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Charles William Michaels
answered on Nov 12, 2022

Usually, the notice of appeal is just that. A simple two sentence notice, with the case caption and signature and certificate of service. But in the information report or case summary report which usually has a strict deadline, that information is required.

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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Legal Malpractice for New York on
Q: went to a closing 12/4/2007, began signing mtg docs, seller would not sell house. rec'd atty letter no funding

funds could not be released. Chevy Chase Bank was assumed by Capital One bank 2009.

Completed takeover 2010. November 10, 2012 Chevy Chase a (DEFUNCT) bank filed a lien on the property (incorrectly - wrong block and lot number), Chevy Chase (DEFUNCT) bank assigned the purported mortgage... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

When is the foreclosure auction scheduled? If there was a defect in the assignment, you may be able to file an Order to Show Cause to stay the sale, but only before the auction is completed. After that you would have a very hard time undoing the sale.

Q: How would someone get basic information (i.e. claimant name and payout amount) from the BP Oil Spill settlements?

Know that 2019 US Courts ruled that the information can now be viewed by the public.

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2022

The US EPA has a link - "Case and Settlement Information" on their site - https://www.epa.gov/enforcement/deepwater-horizon-bp-gulf-mexico-oil-spill

They provide information on earlier settlements. You could check if they have updates or if they could direct you to resources with...
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2 Answers | Asked in Immigration Law, Employment Law, Appeals / Appellate Law and Education Law for New York on
Q: Question about working and visa status

I’m remaining in F1 status (student visa-nonimmigration), I have far- relative lives in New York, he is owning a restaurant. I live with him and his family. I volunteer to help him with his restaurant during my free time just about 2-3 hours per week. No income received, no salary, no tips, no... Read more »

Moses Apsan
Moses Apsan
answered on Sep 21, 2022

If you are merely helping out without pay the I would not consider it employment.

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1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for New York on
Q: Why decision is not published in Justin? What shall I do to publish decision?

LT-059414-2010

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 4, 2022

Decisions are published on the court’s website. You also can find decisions on the NY Reporr website.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: I missed the 30 days for a appeal in Smalls claims court. What can I do?
Michael David Siegel
Michael David Siegel
answered on Apr 16, 2022

No. These deadlines are absolute.

2 Answers | Asked in Family Law and Appeals / Appellate Law for New York on
Q: What does Omitted pursant to Court 800.14 mean in regards to Transcripts ?

Thank you for the reply, this makes no sense B/C its a Child Custody Appeal....unless the Transcripts are being omitted due to the other party having committed a Family Offense, could this be possible?

I was told it means Transcripts were electronically sent and not in paper form.

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2022

I'm sorry your question remains open for two weeks. I looked up the statute to see if it would be helpful in pointing you in the right direction for guidance. The statute you cite reads in part... [Section 800.14] Appeals in criminal cases. " ...When the clerk of the trial court has... Read more »

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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: What is the seminal case involving an outfielder injured when he stepped in a hole in the outfield at a ny baseball stad

It's an old negligence case but the first of its sort where there was a hole or uneven grass at a NY stadium (I think it was yankees) and someone in the outfield when chasing a ball stepped in it and injured his ankle. I used to know it but have forgotten.

Tim Akpinar
Tim Akpinar
answered on Jan 31, 2022

I'm not certain about a hole in the field, but I believe there was a claim in the seventies or eighties contending that that one of the New York stadiums had been poorly designed due to not providing for adequate water drainage from the outfield, which led to a ball player's injury.... Read more »

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Child Support and Family Law for New York on
Q: Best way to appeal a verdict from a relocation/ custody relocation case from Judge Carney

I have 50 days to present an appeal that was filed by my previous attorney for a reversal of the verdict. I am seeking residential custody of my 7 year old. I need a good family law attorney

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 19, 2022

There is no "best way" to appeal any order from any judge in family court. The appellate standard is that the decision of a judge shall not be lightly overturned unless it lacks a sound and substantial basis in the record. This means that Carney, a Buffalo judge and former practitioner in... Read more »

1 Answer | Asked in Appeals / Appellate Law, Contracts and Civil Litigation for New York on
Q: Motion to Vacate or Appeal?

I recently represented myself (big mistake) and lost to an adversary with an attorney.

The judgement is an order against me but I think the judge was asleep since he got many details wrong.

Would a Motion to Vacate (based on errors and new evidence) work and what is the timeframe?... Read more »

Kevin Abessi
Kevin Abessi
answered on Sep 2, 2021

Hi.

Attorneys are prohibited from soliciting in the Ask a Lawyer section. However, a search in the directory based on your needs should help you find good options for this matter.

Thanks.

1 Answer | Asked in Tax Law, Real Estate Law and Appeals / Appellate Law for New York on
Q: I have been paying commercial property taxes for a common ground

I own residential and commercial property that sits on 1 lot. The commercial property next to me was run by a bank and was recently vacated. A new owner has informed me of a substantial common ground

Elaine Shay
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Elaine Shay
answered on Aug 31, 2021

Your post doesn't contain a question. If you want assistance with general information related to your situation, it would be helpful to understand what it is you want to know.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New York on
Q: Why would they not inform the family about his intentions to try to appeal his sentence?

I am daughter am entitled to know of his actions. Yet, no one informed me.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 14, 2021

Notices of appeal are served on the attorneys on a case. It is up to the attorneys that represent parties to notify their clients. In a criminal case, you are not a party so you would not get notice.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: I will like a good and trustworthy lawyer that can help my brother win his appeal case. He has the lowest crime

But getting maximum punishment for it. Please help him.

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2021

I sorry your question remains open for two weeks. Only an experienced criminal defense attorney should advise here, but you're waiting for a response. At this point, if you haven't already reached out to attorneys, you could use the tab above (Find-a-Lawyer) to search by region, or you... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: My husband was arrested and is now at Rikers Island In New York State. He was never read his Miranda Rights.

What steps can be taken and what motions can be filed to help him?

Peter Wade Kolp
Peter Wade Kolp
answered on Mar 29, 2021

If that is the case, and it can be proven or argued , it would go to surpressing any statements (keeping those statements out of evidence and not used against him) he made and be argued in legal docs called motions.

Depending on the case, one can still be convicted without their own...
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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Is it common for lawyers to help a pro se litigant perfect an appeal, or is this something that is frowned upon?
Tim Akpinar
Tim Akpinar
answered on Jan 11, 2021

Attorneys helping pro se litigants is generally regarded as normal and acceptable. The prospects for obtaining free legal support could depend on the matter at hand, and the financial means and position of the litigant. Every case could be different. Good luck

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Is a turnover order in NY State of funds held in an escrow account appealable? Underlying judgment is being appealed.

The NY State court decided in favor of the other side, appeal pending. Court ordered that funds held in escrow be turned over to satisfy judgment before appeal is heard. Can this turnover order also be appealed? Will that keep funds in escrow until appeal is decided?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Dec 11, 2020

First, I am not a New York lawyer. That being said, what the appealing party should do is file a motion for stay, in either the trial court or the appellate court. The fact of an appeal doesn't automatically stay the judgment appealed from-- for that you need a motion for (a) stay.

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