To answer these questions having a basic understanding of what is an appeal is necessary. An appeal occurs because a party is unhappy with the result in the trial court and wants a higher court to review the proceeding in the trial court.
A group of judges, called a panel decides the appeal. A jury is not allowed.
The appellate court, under most circumstances, can only consider what was brought to the attention of the trial court. Neither new facts nor new documents can be considered by the appellate court.
The parties in an appeal submit briefs to try to convince the court that their position is correct. A brief contains a written statement of facts of the case and legal argument calling to the court's attention favorable cases.
A party can also request oral argument which usually lasts 10-15 minutes. Oral argument consists of the attorney explaining to the court why his client's position is correct and answering questions from the panel.
In appellate practice, there are many technical requirements and time limitations that a party must follow in order for their case to be considered by the appellate court.
Because of the technical nature of appellate practice and the importance of writing and legal research skills, it is crucial that a party retain an attorney experienced in appellate practice.
I have worked on more than 175 appeals involving diverse areas of law encompassing civil and criminal cases in federal and state appellate courts.
I have represented clients in the Appellate Courts in the States of New York and New Jersey and in Federal Appellate Courts in the Second and Ninth Circuits.
Significant appeals include:
Orlic v. Gatling, 44 A.D.3d 955 (Appellate Division Second Dept. 2007) Appeal of an Article 78 Proceeding of a determination of the NYC Dept. of Human Rights. The Appellate Division affirmed the Agency's denial of damages for expenses and for mental suffering and anguish. On appeal I represented the defendant in the Human Rights Proceeding.
Perez v. Travco Ins., 44 A.D.3d 738 (Appellate Division Second Dept. 2007) Plaintiff brought a declaratory action for the defendant to defend and indemnify him. The Trial Court' granted the plaintiff's motion for a judgment on default and denied the defendant's cross-motion to file a late answer. The Appellate Division reversed and denied the plaintiff's motion and granted the defendant's cross motion. On appeal I represented the defendant.
Pincus v. Wells, 35 A.D.3d 569 (Appellate Division Second Dept. 2006) Plaintiff brought an action to recover damages for defamation. The Appellate Division affirmed the Trial Court's Order dismissing the action and awarding the defendant's attorney fees. I represented two of the defendants on appeal.
Mor v. Fastow, 32 A.D.3d 419 (Appellate Division Second Dept. 2006) Action for Specific Performance. Appellate Division reversed Trial Court's granting the defendant summary judgment. Represented plaintiff on appeal.
In Matter of Evan F., 29 A.D.3d 905 (Appellate Division Second Dept. 2006) Child Protection Proceeding under FCA Article 10. The Trial Court had found neglect and issued an order directing the parent to abide by certain conditions. The Trial Court subsequently determined that the defendant had violated terms of first order and directed that the defendant be incarcerated for six months. The Appellate Division reversed and dismissed both orders and ordered a new hearing on the neglect petition. Represented the parent on appeal.
