Lawyers, Answer Questions  & Get Points Log In
New York Appeals / Appellate Law Questions & Answers
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

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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...
Read more »

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.

View More Answers

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
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
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
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... Read more »

Michael David Siegel
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
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
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
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
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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.