New York Civil Appeals Attorney – $5,000 Retainer
If you are considering filing a civil appeal in New York, it is important to consult with an attorney experienced in appellate litigation. Appeals involve strict filing deadlines, detailed legal briefing, and complex procedural rules.
The Levin Law Group represents clients in civil appeals throughout New York. Our firm handles appeals involving business disputes, real estate litigation, construction disputes, probate matters, guardianship proceedings, and other civil litigation matters.
Our firm requires a $5,000 retainer for civil appeals.
Call us toll free at (800) 517-5240, contact our office, or request a free consultation.
New York Civil Appeals Process
A civil appeal is not a new trial. Instead, the appellate court reviews the legal decisions made by the trial court to determine whether errors occurred that affected the outcome of the case.
In New York, most civil appeals are heard by the Appellate Division of the Supreme Court. The appellate process generally involves reviewing the trial court record, preparing appellate briefs, and presenting legal arguments explaining why the lower court decision should be reversed or affirmed.
The appellate process can include several steps:
- Filing a Notice of Appeal
- Preparing the Record on Appeal
- Drafting and filing appellate briefs
- Oral argument before the appellate court (in some cases)
- Issuance of the appellate court decision
What Types of Cases Can Be Appealed to the Appellate Division?
In New York, the Appellate Division hears appeals from many different trial courts. Civil appeals may arise from Supreme Court cases, Surrogate’s Court matters, Family Court proceedings, Court of Claims cases, and other lower court matters that are properly appealable. In New York City, some appeals from Housing Court and other Civil Court matters may first go to the Appellate Term, while the Appellate Division also reviews certain civil appeals taken from the Appellate Term and from County Courts acting as appellate courts.
Because appealability depends on the type of order, the court involved, and the procedural posture of the case, it is important to evaluate the specific order or judgment before filing a notice of appeal.
The Four Departments of the Appellate Division
New York is divided into four Appellate Division departments. Which department hears an appeal depends on the county where the case originated.
- First Department: Bronx County and New York County (Manhattan)
- Second Department: Dutchess, Kings, Nassau, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, and Westchester Counties
- Third Department: Albany, Broome, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Madison, Montgomery, Otsego, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie, Schuyler, Sullivan, Tioga, Tompkins, Ulster, Warren, and Washington Counties
- Fourth Department: Allegany, Cattaraugus, Cayuga, Chautauqua, Erie, Genesee, Herkimer, Jefferson, Lewis, Livingston, Monroe, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Seneca, Steuben, Wayne, Wyoming, and Yates Counties
Types of Civil Appeals We Handle in New York
Our firm represents clients in many types of civil appeals, including:
- Business and commercial litigation appeals
- Real estate litigation appeals
- Construction dispute appeals
- Probate and estate litigation appeals
- Guardianship proceedings
- Contract disputes
- Other complex civil litigation matters
Civil Appeals in Other Jurisdictions
The Levin Law Group represents clients in appellate litigation in multiple jurisdictions. Procedures vary depending on whether the appeal is filed in New York state court, another state court, or federal court.
New York Civil Appeals FAQ
What is a civil appeal?
A civil appeal is a legal proceeding in which a higher court reviews a decision made by a trial court. The appellate court evaluates whether legal errors occurred during the trial that affected the outcome of the case.
How long do I have to file an appeal in New York?
Deadlines for filing a Notice of Appeal in New York are strict and depend on the type of case and when the order or judgment was served. In most cases, a notice of appeal must be filed within 30 days.
Can new evidence be introduced during an appeal?
No. Appeals are based on the record from the trial court. The appellate court reviews the evidence and legal arguments that were previously presented.
How long does a civil appeal take?
The length of a civil appeal varies depending on the court and the complexity of the case. Most appeals take more than a year to reach a final determination.
Do I need an attorney for a civil appeal?
While it is not legally required, appellate litigation involves complex procedural rules and legal briefing. An experienced appellate attorney can evaluate whether legal errors occurred and present arguments effectively before the appellate court.
Speak With a New York Civil Appeals Attorney
If you are considering filing a civil appeal in New York, it is important to obtain legal advice as soon as possible. Appellate deadlines are strict, and missing a deadline may result in losing the right to appeal.
The Levin Law Group represents clients in civil appeals involving business disputes, real estate litigation, construction disputes, probate matters, guardianship proceedings, and other civil litigation matters.
Call us toll free at (800) 517-5240, contact our office, or request a free consultation.