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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: I want to appeal a decision of a dismissed case.

The prosecutors conduct towards me was humiliating. Never talked to me and I was the victim. I want to appeal and have the case reopened.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

If you were the victim and not the defendant in the criminal matter, there is no basis for appeal. If you were wronged by the prosecutor, you might be able to sue the prosecutor for that wrong. It depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: Can a judge refuse bail without reasoning on a case that was reversed and remanded for new trial?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

A judge will refuse bail at his/her discretion, typically based on reasons provided by the DA's motion. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Appeals / Appellate Law and Family Law for New York on
Q: If I missed the time to appeal a decision in family court, is there anything else we can do to overturn a decision?

We were unable to afford a third retainer to continue employing our lawyer due to the amount of money being taken for child support/child care.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

You don't provide any details about any other basis for appeal. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY,... View More

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: How do I appeal a decision about child support? I think it's too high.
Brian Lehman
Brian Lehman
answered on Jan 27, 2017

Here is a good guide to appealing a child support decision: http://www.spodeklawgroup.com/guide-to-filing-a-family-court-appeal-in-new-york-state/

"If you want to appeal a child support order, you need first file objection to a support magistrate’s decision and request that a Judge...
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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Feel like the jury was stacked against me. How do I get info on their decision so I can appeal?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

The decision will be publicly filed in your case. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the... View More

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: How long do I have to appeal a decision regarding money received as a result of an auto accident?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 26, 2017

Was there a court decision or an insurance adjustment decision? The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New York on
Q: Is flirting ilegal in new york city ? , how to handle with this issue?

Is flirting ilegal in new york city ? , how to handle with this issue?

i went to new york in 2010 and i heard that it is illegal to flirt ,but a officer told me that its only a

fine of 25 dollars for flirting, i dont understand since this law is old and still active but police... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 26, 2017

This sounds like false information. Sexual harassment, assault, rape, and related crimes are illegal. Don't commit those crimes. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

2 Answers | Asked in Appeals / Appellate Law and Landlord - Tenant for New York on
Q: i have received the notice of entry from the courts and intend to appeal. what would be my first steps?
Michael David Siegel
Michael David Siegel
answered on Jan 24, 2017

File Notice of Appeal. There is a strict deadline.

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3 Answers | Asked in Appeals / Appellate Law for New York on
Q: How do I appeal an insurance settlement from an injury? I was low balled.
Glenn B. Manishin
Glenn B. Manishin
answered on Jan 7, 2017

I you settled the claim with your insurance carrier, you cannot sue or appeal, unless you can establish they intentionally defrauded you. The only recourse ordinarily available is to escalate a dispute internally within the company. There certainly is no procedure to "appeal" a settlement... View More

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2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Traffic Tickets for New York on
Q: When can you ask for a conviction to be reversed and dismissed on appeal verses being reversed and remanded?
Andrew M. Stengel
Andrew M. Stengel
answered on Dec 31, 2016

A person has 30 days from sentencing to file a notice of direct appeal. A CPL 440 motion can be brought any time, unless it is barred for some other reason, for Brady violations, ineffective assistance of counsel, newly discovered evidence, among others.

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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: My cased was dissmised i just got a letter with a date because it was appealed can they do that.
Michael David Siegel
Michael David Siegel
answered on Dec 30, 2016

Your question makes no sense, which is fine. You are not a lawyer. But, show the paper to your lawyer and find out what you need to do, if anything.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: How do I help a friend appeal a death sentence?
Barry E. Janay
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answered on Nov 14, 2016

Where was he convicted? In jail? Federal court or state? I would really like to help, so please respond soon.

2 Answers | Asked in Appeals / Appellate Law for New York on
Q: I think the judge in my brother's criminal case made a mistake in deciding the case.

How can I tell if it was a big enough mistake for us to appeal the decision?

Michael David Siegel
Michael David Siegel
answered on Oct 13, 2016

Ask his lawyer. Without knowing more there is no way to answer.

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2 Answers | Asked in Appeals / Appellate Law for New York on
Q: I've found a nursing home for my Dad, but they will not let me sue if anything happens but want arbitration

- even if I sign would I ever be able to sue? I hear about nursing home abuse in the news and just want to make sure we'd have that option.

Michael David Siegel
Michael David Siegel
answered on Oct 7, 2016

An arbitration clause is not unusual. It is unusual to plan on a suit.

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2 Answers | Asked in Appeals / Appellate Law for New York on
Q: If I appeal my breach of contract case is it still possible to settle out of court?
Barry E. Janay
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answered on Sep 29, 2016

Yup, you'll just have to withdraw the appeal once settlement is finalized.

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2 Answers | Asked in Appeals / Appellate Law for New York on
Q: I plan to appeal the ruling in my personal injury case. Am I allowed to represent myself in the appeals court?
Michael David Siegel
Michael David Siegel
answered on Sep 21, 2016

To answer your question directly you are allowed. Practically, appeals are very technical and you will not be able to figure out all the rules and deadlines.

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2 Answers | Asked in Appeals / Appellate Law for New York on
Q: I missed the deadline to file my appeal after I lost a lawsuit regarding a contract dispute. Is there anything I can do?
Barry E. Janay
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answered on Sep 14, 2016

Yes, you can file a motion to extend the deadline for the appeal, no guarantee that such a motion would be granted, you'd need to show some sort of cause, grounds, or reasonable excuse.

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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: If I take a plea bargain and I able to appeal my conviction?
Barry E. Janay
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answered on Sep 8, 2016

No.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Can you appeal a state supreme court case to the US supreme court?
Michael David Siegel
Michael David Siegel
answered on Sep 4, 2016

Not initially. You must go up the chain, the Appellate Division, the Court of Appeals, and then the Supreme Court, and you need a Federal issue in the case.

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