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New York Appeals / Appellate Law Questions & Answers
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... View More

Michael David Siegel
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
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
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... View More

Michael David Siegel
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
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
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... View More

Michael David Siegel
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... View More

Michael David Siegel
Michael David Siegel
answered on Dec 27, 2017

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

1 Answer | Asked in Appeals / Appellate Law and Adoption for New York on
Q: U filed an appeal for custody can the child get adopted while waiting for court date.
Christine Moccia
Christine Moccia
answered on Nov 27, 2017

This is a very complicated question and situation with the custody of a child involved. Please contact an attorney.

1 Answer | Asked in Appeals / Appellate Law, Personal Injury and Workers' Compensation for New York on
Q: Can I appeal firemans rule denial of my case after Supreme Court upheld denial?

Nypd female injured by male cop and fired on probation male cop fired but not for injuring me.

Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2017

You should speak with your attoreny.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Is there a way to appeal a tax bill?
Michael David Siegel
Michael David Siegel
answered on Nov 1, 2017

A real estate tax bill? There are lawyers that specialize in this. It is contingency based on your reduction.

1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for New York on
Q: I lost my appeal for a traffic ticket violation that suspended my license, anything else I can do?

Hi, I tried to appeal a traffic ticket violation online that caused my drivers license to be suspended, I was able to get a stay on my license while waiting for a decision from the appeals board, unfortunately I just received the letter from the appeals board stating that the conviction will remain... View More

Barry E. Janay
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answered on Oct 17, 2017

You would need to take it up in the Supreme Court and there is a very difficult review standard to overturn an agency such as the DMV, you'd have to show bias or manifest error.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: What sorts of legal decisions cannot be appealed?
Barry E. Janay
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answered on Sep 28, 2017

You can appeal any decision, but getting your appeal heard is another story. A writ of certiorari may be required and the appellate court can deny the appeal if at the outset they determine there were spurious grounds for appealing. Get the decision reviewed by a competent attorney.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Is it strategically better to hire a new attorney to file an appeal? Or can/should I use the original one who knows me?
Barry E. Janay
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answered on Sep 28, 2017

Depends. If it's a de novo review you probably want to stick with the attorney you've been working with since he has all of the trial facts and can tweak things, if it's only reviewing a specific narrow ruling you may want to find an appellate attorney with experience on that issue of law.

1 Answer | Asked in Foreclosure, Appeals / Appellate Law and Constitutional Law for New York on
Q: Hello, will a knowledgeable person please respond to the following questions.

As the defendant, we just filed a motion to reargue based on plaintiffs recent filing of notice of summary judgment in their favor. We have what I believe are extreme questions of fact that the judge erroneously overlooked. It is my understanding that plaintiff now has 30 days to file opposition to... View More

Barry E. Janay
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answered on Sep 8, 2017

Hire an attorney.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Can I present new evidence at an appellate hearing?
Barry E. Janay
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answered on Sep 5, 2017

No, not unless you get a "de novo" review, which is unlikely without a compelling reason as to why the new evidence was not presented at the lower court level.

1 Answer | Asked in Appeals / Appellate Law and Probate for New York on
Q: What can one do if a surrogate judge denies them an appeal?

A scheme to defraud distributee. Will was stolen by relative and deceased signature was copied online to add his name on an investment account left to sibling. Case dismissed due to not having original document.

Barry E. Janay
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answered on Aug 14, 2017

You can appeal the dismissal, a lower court judge, such as a surrogate's court judge, cannot deny you the right to appeal. I'd need to see the documents you are referring to in order to give you a more thorough analysis.

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: Can a defendant appeal a guilty plea that was made under distress?

A family member of mines was blackmailed into pleading guilty by the DA as they told him if he did not plead guilty they would have indicted him on a new charge. As he had been through horrific ordeal since his incarceration such abuse by correctional officers, attacks from inmates and improper... View More

Barry E. Janay
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answered on Jul 24, 2017

a) that's not blackmail, that's part of a plea bargain

b) abuse from correctional officers should be brought up with a civil rights attorney, which you can reach out to me for a referral, I know a terrific one.

c) He did not "have to plead guilty."

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New York on
Q: I'm doing 15 weekends in jail I need to go to crisis can they come back and make me do straight time?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

This is too vague to answer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... View More

1 Answer | Asked in Appeals / Appellate Law and Employment Law for New York on
Q: Can an employer contest to unemployment decision if proceeding was denied?

I quit my job due to harassment and filed for unemployment. Originally, I was denied, so I filed for a hearing. The employer did not show up, but I stated my reasons and was granted unemployment.

A few weeks later, I was sent a letter that the employer contested. I attended the second... View More

Barry E. Janay
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answered on Jul 17, 2017

The employer can appeal, but probably won't waste the time and money doing so.

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