If you would like a review of your case to see if an appeal is worthwhile and cost-effective, contact me for a telephone or in-person consultation.
In a civil case, a notice of appeal must be served and filed within 30 days of when the order or judgment is served by any party. In Family Court cases, the 30-day period starts almost immediately after the order. This 30-day deadline is one of the strictest in all of New York law. If the notice of appeal is neither served nor filed within this time, any attempt to appeal later will be unsuccessful.
Even if you’re only considering an appeal, it’s absolutely vital that your trial attorney file a notice of appeal for you, and that you contact me. There is no penalty for withdrawing an appeal if you decide not to proceed, but you cannot start an appeal late. In civil cases, almost any order in the case can be appealed, even if the case is still going on.
In a criminal case, a notice of appeal must be served and filed within 30 days of when the defendant is sentenced. If a defendant has pleaded guilty or been convicted at trial, but has not yet been sentenced, it is too soon to appeal. In addition, and unlike civil appeals, there are no appeals of orders issued during the case. Instead, all issues must be raised when the judgment of conviction is appealed.
In addition to appeals, I am available to handle misdemeanor criminal cases and civil litigation. I am also available as a consulting attorney for your appeal, as an additional reader or editor, or to advise on e-filing and reproduction requirements for the record or brief, or other aspects of court rule compliance.