New York Appeals / Appellate Law Questions & Answers

Q: How does my husband go about getting a pro bono appeals lawyer?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
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 Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...

Q: If I'm related to a case, but not a named party, can I appeal a decision?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Nov 9, 2018
Michael David Siegel's answer
Not if you did not intervene in the proceedings below.

Q: Re: Cases decided NY Supreme Appellate Division, Second Dept (2013) Can all the pleadings and motions be seen?

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on
Answered on Nov 9, 2018
Michael David Siegel's answer
They can be seen if you order the file at the court. It is not online.

Q: I just lost custody of my kids after a nasty divorce from my wife. How do I start the appeals process?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Oct 18, 2018
Michael David Siegel's answer
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...

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law, Civil Rights and Education Law for New York on
Answered on Oct 16, 2018
Michael David Siegel's answer
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.

Q: Can you appeal all types of criminal convictions in NY?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Aug 18, 2018
Michael David Siegel's answer
Yes, in the time and manner required.

Q: Seeking pro-bono appellate attorney for third division to vacate divorce decree

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Jul 18, 2018
Aubrey Claudius Galloway's answer
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 argue. We would need a $950 retainer, which would likely cover the entire matter. It’s not pro bono, but we provide excellent legal representation at an affordable rate. If you would like a...

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

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Native American Law for New York on
Answered on Jul 18, 2018
Aubrey Claudius Galloway's answer
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 voted by members of legal community as one of the top 10 criminal lawyers in New York (see link at bottom of answer).

Further, if in fact your son was unrepresented in certain key portions but...

Q: If I won my trial court case and the defendant decides to appeal, does that delay my ability to receive a monetary award

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Jul 9, 2018
Michael David Siegel's answer
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.

Q: Do I need to file a Notice to Appeal for every Order contained in a Plaintiff's Notice of Entry?

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for New York on
Answered on Jun 10, 2018
Michael David Siegel's answer
You can file one Notice of Appeal but it must properly reference each order you are appealing.

Q: Would a 2nd circuit pro se appellee be disadvantaged to simply ask the court to uphold the lower court’s decision?

1 Answer | Asked in Contracts and Appeals / Appellate Law for New York on
Answered on May 13, 2018
Michael David Siegel's answer
It might be sufficient, and is legally sufficient, but it not the best way to make an argument.

Q: Is either party allowed to appeal a trial court's ruling?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Apr 16, 2018
Michael David Siegel's answer
Yes. Sometimes both do.

Q: Where can I file an appeal on the judge's order on a motion (civil court, local, NY)?

1 Answer | Asked in Civil Litigation and Appeals / Appellate Law for New York on
Answered on Jan 31, 2018
Michael David Siegel's answer
The Appellate Term of the Supreme Court. You did not say which county in NYC, so I cannot give you the address. The Clerk can tell you.

Q: Requested to see a judge in small claims but was sent to an arbitrator who I believed was a judge. Now I cannot appeal

1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Civil Litigation for New York on
Answered on Jan 12, 2018
Michael David Siegel's answer
There is nothing you can do. They make a speech about arbitration and by the court in the beginning, and that speech is the same in every court. No one will believe you.

Q: I have been attempting to have my deceased husband's death certificate amended for almost 2 years... need legal aid

1 Answer | Asked in Contracts, Family Law, Appeals / Appellate Law and Probate for New York on
Answered on Dec 27, 2017
Michael David Siegel's answer
This is not complicated. There is a proceeding with vital records.

Q: U filed an appeal for custody can the child get adopted while waiting for court date.

1 Answer | Asked in Appeals / Appellate Law and Adoption for New York on
Answered on Nov 27, 2017
Christine Moccia's answer
This is a very complicated question and situation with the custody of a child involved. Please contact an attorney.

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