Ask a Question

Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Appeals / Appellate Law Questions & Answers
3 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence for New York on
Q: Subject Matter Jurisdiction is exclusive to SupremeCourt/(IDV part)order(orig)? Does Fam Court have competence to modify

Original Order of custody & parenting time made by Supreme Court, Integrated Domestic Violence Part. Based of the laws/nys const/rules/FCA & codes I’ve read that govern transfer of proceedings & subject matter jurisdiction, in order to modify the original Order (made by Supreme Court... View More

Charles Holster
PREMIUM
Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2024

No.

View More Answers

1 Answer | Asked in Appeals / Appellate Law and Real Estate Law for New York on
Q: Is there a statute of limitations on a void deed to appeal with a Quiet Title Action? Adverse Possession
Jack Mevorach
Jack Mevorach
answered on Sep 28, 2024

No statute of limitations to invalidate a forged deed. In other scenarios, there are limitations of time.

Jack

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: I have no money need a lawyer to help pertaining to defective amended indictment. Cpl 200.70 article 40. And cpl 200.50

Sub division 4,6,and 7. My husband is in mohawk correctional. Walsh rmu. We need help.

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2024

A criminal defense attorney should advise here, but your question remains open for almost a week and you mention your husband being held in a correctional facility. This is not my area of practice, but based on the financial situation you describe, look into whether you qualify for a public... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for New York on
Q: Do I have a civil case against Albany housing authority if they served me improperly showed up to court 10 min late

Summary judgement was given to Albany housing authority after they inflated my rent from $50 to $960 retaliation, breach of warrant of habitability, tenant and fair housing rights and disability rights violated and illegal lockout resulting in my homelessness and loss of all my belongings in which... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2024

Based on your description, it sounds like you may have grounds for a civil case against the Albany Housing Authority. Improper service, showing up late to court, and inflated rent could be significant issues. If the rent increase was retaliatory, and there were violations of habitability, tenant,... View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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.

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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].

View More Answers

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
PREMIUM
Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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 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

View More Answers

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
PREMIUM
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

View More Answers

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
PREMIUM
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.

View More Answers

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...
View More

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.

View More Answers

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for New York on
Q: Why decision is not published in Justin? What shall I do to publish decision?

LT-059414-2010

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 4, 2022

Decisions are published on the court’s website. You also can find decisions on the NY Reporr website.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.