Appellate litigation presents unique challenges, and an effective appeals lawyer must possess exceptional legal writing and oral advocacy skills. The reversal rate for appeals in the U.S. Circuit Courts of Appeal is just over twelve percent. The rate is somewhat higher in the Appellate Division of the Supreme Court of New York, as state trial court judges are more likely to make legal errors. If the stakes are high and the decision of the lower court is questionable, an appeal can make good economic sense.
To prevail on appeal, the appellant's lawyer must show the lower court erred as a matter of law, and that its determination cannot be supported by the record before it. No new evidence may be submitted by the appellant's attorney or the attorney for the respondent. The parties' attorneys are generally limited to just fifteen minutes of oral argument in support of their positions, where they are bombarded with questions by a panel of appellate judges. Top appeals lawyers must be quick on their feet, and able to compose a compelling written narrative setting out the evidence and legal authority for their position.
A Trusted Law Firm for Appellate Litigation
Our attorneys can review your case and provide you an assessment of your chances of success on appeal before you make a substantial expenditure. Printing and record reproduction can be handled in house, saving thousands of dollars on the cost of an appeal. Matters can be handled on a fixed fee or hourly basis, and a quote can be provided to you based on the complexity of the appeal before work is undertaken. While prosecuting an appeal is not a small undertaking, and is not appropriate in every case, our lawyers will provide a candid assessment of your case so you can make an informed decision about whether an appeal is in your interests.
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If you have received an adverse determination and are considering an appeal, or have been served with a notice of appeal by the adverse party, contact the Muchmore & Associates PLLC at (917) 932-0299 to schedule a free initial consultation.
Appeals to the Appellate Division of the New York Supreme Court: Appeals in the Appellate Division of the New York Supreme Court are governed by Art. 55 and Art. 57 of the New York Civil Practice Law and Rules. If you wish to file an appeal, a Notice of Appeal must be filed within 30 days after the adversary provides you or your attorney with notice of entry of the challenged order. The appellant must prepare and submit nine bound and complete copies of the record on appeal, including all submissions in support of and in opposition to the challenged order, a brief for the appellant setting forth the legal grounds for reversal, and a reply brief addressing the respondent's legal position. The respondent need only file a single brief setting forth its legal position, making the defense of appeals much simpler and less expensive than their prosecution.
Appeals to the United States Court of Appeals: Appeals to the U.S. Circuit Courts of Appeal are governed by the Federal Rules of Appellate Procedure. The United States Court of Appeals for the Second Circuit has also implemented its own local rules supplementing these. Appeals in federal court are much like appeals in state court, but the level of practice is higher. Federal appellate judges are appointed by the president from the best of the federal district court bench, who are themselves appointed by the president from the country's best legal minds. Clear errors of law in federal practice are less common than at the state level, and as a result, federal appeals often involve novel legal issues.
Administrative Appeals and CPLR Article 78 Proceedings: Administrative appeals are appeals of determinations by governmental agencies tasked with enforcing the regulations that give force to broad statutes enacted by the legislature. When challenging an administrative determination, there are often multiple layers of administrative review before the determination can be appealed to the New York courts. Our lawyers are experienced in conducting administrative trials and hearings, administrative appeals of the resulting determinations, and appealing final administrative determination in court through special proceedings under Article 78 of the New York Civil Practice Law and Rules. If you are dissatisfied with an administrative determination, we can help you navigate the administrative review process.