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New York Appeals / Appellate Law Questions & Answers
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
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.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: Do federal courts set precedent for how police officer can act in a constitutional manner?

For example, Miranda v. Arizona which was decided by the Supreme Court mandates that suspects have to be read their rights to an attorney and to remain silent, but would a similar case decided by a lower federal court (district or circuit court) have an impact on how police officers should act in... Read more »

Elena Fast
Elena Fast answered on Dec 7, 2020

Yes, a district court's decision sets precedent for police department and can result in the change of police procedure. Two recent examples - ban of gravity knives unconstitutional (SDNY) and stop and frisk unconstitutional (SDNY). Both were district court decisions that resulted in changes to... Read more »

1 Answer | Asked in Appeals / Appellate Law and Nursing Home Abuse for New York on
Q: WHAT CAN YOU DO IF YOU ARE ILEGALY CONFINED IN A NURSING HOME AND ONLY HAVE A MENTAL HYGEINE LEGAL SERVICE LAWYER
Tim Akpinar
Tim Akpinar answered on Nov 15, 2020

It could depend on what the matter involves. If it is something other than admission, retention, guardianship and other MHLS-related matters, a family member or friend could look into whether a private counsel could be arranged. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New York on
Q: Is it legal? To get sentenced ton3 years after trial and then 2 months later finding out its 6 years??

I'm my finances P.O.A. and her trial was the most corrupt thing I have seen. So many laws n rules were bended. Also know for a fact extortion was involved. Would need to see and speak with a lawyer for them to understand but im currently under investigation had 2 cop cars pull up to me one... Read more »

Peter Wade Kolp
Peter Wade Kolp answered on Oct 29, 2020

Consult with a defense attorney as the facts dont appear clear here.

You can lower your jail time for good behavior.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New York on
Q: Is it legal after sentencing to be sentenced to 3 years in prison then 2 months passes, they change it to 6 years?

I'm my finances P.O.A. and her trial was the most corrupt thing I have seen. So many laws n rules were bended and broke. Also know for a fact extortion was involved. Would need to see and speak with a lawyer for them to understand but im currently under investigation had 2 cop cars pull up to... Read more »

Peter Wade Kolp
Peter Wade Kolp answered on Oct 29, 2020

Typically they can only change a promised sentence if there's a change in circumstances. Was there a written agate? Oral? Did the judge take the plea and was the defendant promised a sentence and then change it based on new findings?

Need more facts. Id ask assigned counsel

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: I recently applied to sit the NY bar and I was not eligible. Does anyone have any knowledge on appeals?

520.14 for a waiver of strict compliance with 520.6. I have a dual degree from Ireland

Charles William Michaels
Charles William Michaels answered on Oct 15, 2020

First, I am not a New York lawyer. That being said, I would think your first avenue of appeal would be to the New York committee or the New York lawyers who conduct the NY bar exam. In Maryland, that would be the State Board of Law Examiners, overseen by the Court of Appeals or the Administrative... Read more »

2 Answers | Asked in Appeals / Appellate Law for New York on
Q: Is almost three years a normal wait time for federal district court appeal.

I've been waiting since Feburary 2018 for an answere from federal district court of Buffalo ny. My Lawyers office refuses to answere why it's taking so long.

Tim Akpinar
Tim Akpinar answered on Aug 11, 2020

Your attorney knows the case better than any speculation that can be offered out here. It could depend on the type of case, and some appeals could take time, particularly if there is a difficult issue on which a higher court is not eager to overrule a lower court. Good luck

Tim Akpinar

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2 Answers | Asked in Appeals / Appellate Law for New York on
Q: How long does federal district court appeal for ssdi take

I've been waiting 2 yrs 6 months for federal district appeal. Total 6 and a half yrs on claim.

Charles William Michaels
Charles William Michaels answered on Aug 2, 2020

It usually doesn't take that long. Perhaps you should file a motion or send a letter to the judge requesting a prompt decision, and include the dates of the case.

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2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for New York on
Q: Could a plaintiff appeal the lower court decision on a civil lawsuit and where can I fine case law on it
Michael David Siegel
Michael David Siegel answered on Jul 28, 2020

Any decision can be appealed. Where to appeal depends on which court decided it. There are very strict time deadlines to appeal.

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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... Read 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
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... Read more »

Ali Shahrestani, Esq.
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
Michael David Siegel answered on Jan 12, 2019

CPLR 2219 on motions. It is required.

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