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New York Appeals / Appellate Law Questions & Answers

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 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 awaiting... Read more »

Ali Shahrestani, Esq. 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... Read 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... Read more »

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 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 answered on Nov 9, 2018

Not if you did not intervene in the proceedings below.

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

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 feels... Read more »

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 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 answered on Aug 18, 2018

Yes, in the time and manner required.

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 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... Read more »

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 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...
Read 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 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... Read more »

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 answered on May 13, 2018

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

1 Answer | Asked in Appeals / Appellate Law for New York on

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

Michael David Siegel answered on Apr 16, 2018

Yes. Sometimes both do.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on

Q: If I accept the $50,000 the Judge awarded me in a civil trial, do I have to sign a warrant for satisfaction of judgment?

The judge in her final judgment only granted me one claim I made for $50,000. But she denied my other 2 claims for $200,000. I am appealing the claims I was denied for $200,000. The defendant did not appeal the $50,000 and is ready to pay the $50,000 but wants me to sign a warrant for... Read more »

Michael David Siegel answered on Mar 29, 2018

Properly drafted, no.

1 Answer | Asked in Appeals / Appellate Law for New York on

Q: I need to file an appeal against a dmv decision to suspend me for a missed court date where the charges where dismissed

The reason for the court date stems from a case I took to trial and won. I was charged with Dwi and failure to take chemical test because I was a passenger. Charges dropped and now need dmv to drop suspension and fines. I was found innocent

Christine Moccia answered on Mar 22, 2018

Contact an attorney who specializes in DWI

1 Answer | Asked in Civil Litigation and Appeals / Appellate Law for New York on

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

Judge decided on a motion without listening to any of my arguments and constantly talking to an opposing attorney. I believe the order is erroneous and would like to file an appeal.

Please let me know where can I file an appeal?

Michael David Siegel answered on Jan 31, 2018

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.

1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Civil Litigation for New York on

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

Filed a small claims suit (Queens County-NYC) and requested to see a judge as I did not want my case to be tried by an arbitrator. I was then told that it would take a few court dates if I want to only see a judge. That did not deter me and I insisted on seeing judge and was sent home with a new... Read more »

Michael David Siegel answered on Jan 12, 2018

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.

1 Answer | Asked in Contracts, Family Law, Appeals / Appellate Law and Probate for New York on

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

My deceased husband's death certificate..states that he had no surviving spouse..this is what I was told when I attempted to obtain one...we were never divorced..and apparently my marriage certificate is not proof enough to put my name on the death certificate..I spoke to the supreme Court in... Read more »

Michael David Siegel answered on Dec 27, 2017

This is not complicated. There is a proceeding with vital records.

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