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New York Appeals / Appellate Law Questions & Answers
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

James L. Arrasmith
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answered on Mar 21, 2024

If judicial misconduct is proven and relevant to your case, it could significantly impact the appellate court's decision to obtain jurisdiction. Courts take claims of judicial misconduct seriously, especially if they affect the fairness and integrity of the legal process. However, proving... View More

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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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2 Answers | Asked in Employment Law, Appeals / Appellate Law, Legal Malpractice and Sexual Harassment for New York on
Q: If you have already agreed to a settlement agreement on a NYS DHR case, How do you appeal? What is the process?

I would like the case reopened. I was under duress. Attorneys and Judge failed to inform me that I had time to amend. Settled for lesser amount.

Attorney was on vacation during the entire time we had to prepare for the case, she'd informed me that it was very unfortunate.... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you've agreed to a settlement in a New York State Division of Human Rights (NYS DHR) case and wish to appeal, you should be aware that typically, a settlement agreement is final and binding once signed.

However, if you believe you were under duress or there were other improprieties...
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1 Answer | Asked in Education Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: The censorship of books in libaries. Board of education V. Pico.

"The Supreme Court reaffirmed that the right to receive information is a fundamental right protected under the U.S. Constitution when it considered whether a local school board violated the Constitution by removing books from a school library. In that decision, the Supreme Court held that... View More

James L. Arrasmith
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answered on Oct 15, 2023

The right to receive information, as established in Board of Education v. Pico, is indeed a fundamental one. However, the interpretation and application of this right are complex.

While the Pico case set a precedent, it doesn't mean that all forms of censorship are automatically...
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Q: MarkTwain and Censorship. appeals?

I believe that, once upon a time, a publisher published the works of mark twain but censored what may have been offensive. The censorship won out in the end. (evil won in that case) but i wonder if that case was disputed further and appealed. does anyone know?

The Roald Dhal censorship was... View More

James L. Arrasmith
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answered on Aug 15, 2023

I'm familiar with historical cases of censorship, such as those involving Mark Twain's works, but whether a specific case was appealed and overturned would require a thorough review of the legal history and court records. Appeals and potential outcomes depend on various factors, including... View More

Q: I don't think this lawyer who represented me Signed as my Lawyer, is this a legal representation, to not be signed
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 7, 2023

You can certainly have an attorney-client relationship without a written retainer agreement. The better practice, however, is to have a written retainer agreement which sets forth the duties and responsibilities of both the attorney and the client. That said, if you are unhappy with your current... View More

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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Are you aware of any cases that lost a Motion to Reargue - but was able to perfect an appeal? in NY
Charles Holster
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answered on Mar 9, 2023

A: (This answer clarfies an answer given yesterday). The fact that a motion reargument was denied will not prevent you from following through with your appeal from the original order, so long as you filed a timely notice of appeal from the original order. If you did not do that, it will be too... View More

2 Answers | Asked in Appeals / Appellate Law, Estate Planning and Elder Law for New York on
Q: Are you aware of any cases that lost a Motion to Reargue - but was able to perfect an appeal?

in NY

Charles Holster
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answered on Mar 9, 2023

The fact that you lost the motion to reargue will not prevent you fr om following through with your appeal so long as you filed a timely notice of appeal from the Order. If you did not do that, it will be too late to do so. You cannot appeal from an order which denied reargument unless the order,... View More

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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... View More

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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

I should have been more specific - this appears to involve Estate and Probate Law rather than general appellate law. You could repost under Probate and Estate Planning. Good luck

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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... View 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... View 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... View 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... View 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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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: This pertains to a criminal appeal. After the brief is uploaded to the appellate division, what happens after that?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 31, 2023

Hard copies must be filed. Respondent then has 30 days to file brief but usually requests extensions.

2 Answers | Asked in Appeals / Appellate Law for New York on
Q: If a judgement was entered to have D pay P 5k, and P appeals, does D still have to pay while the appeal is pending?
Charles Holster
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answered on Jun 16, 2023

No. Not unless D also appealed, in which case he could obtain an automatic stay pursuant to CPLR 5519[a][2], by posting an undertaking, or making a motion for a discretionary stay under CPLR 5519[c].

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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 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... View 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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