The appeals process can appear daunting without years of experience in these matters. If you are overwhelmed by a verdict and want to learn more about what your options are, we will break it down below.
There is a basic framework for the appeals process in New York. Determining which court you need to file your appeal to is the first step. Filing a Notice of Appeal initiates the process, and you have a certain window in which to file this form in order for you to be within your right to an appeal. Asking the court to stop the enforcement of the original judgment may be necessary as well, which we will discuss further in the next section. The next step is referred to as Perfecting the Appeal and entails preparing all the necessary documents in order to assign a court date. The Appellate Court will then navigate the case and submit for a decision, and upon them reaching a decision, they will submit a written decision to you.
Contact us today to learn how we can help you with each step of the process and get it handled the first time appropriately, saving you more unnecessary stress and time. Call (315) 500-6425 for a free strategy session and to learn more about how to get started.
What Can I Expect During the Appeal Process?
Different courts handle different charges/appeals, and determining where to start to save time or mistakes is of great benefit to you. You can also ask the court to stop the enforcement of the original judgment. Filing a Notice of Appeal in itself doesn’t stop the enforcement of the original charges, and if you ignore what you were ordered to do, it can lead to costly problems.
Perfecting the appeal is the part of the process where you finalize the preparation necessary to place the appeal case on the Appellate Court calendar. This includes gathering required paperwork from the original trial, additional facts, and anything else your experienced appellate lawyer deems relevant in preparation.
What is the Final Part of the Appeal Process?
On the scheduled court date, both sides will have an opportunity to share their side, called an oral argument, although an oral argument isn’t necessary for all appeals. The courts then begin the process of deciding the outcome, which they will then submit to you in writing. They can modify the original judgment, submit specific instructions for a new trial, or in some cases, overturn the original findings and dismiss the case entirely.
We are a group of trusted and experienced lawyers that can help you with your appeals case from beginning to end. Contact us at (315) 500-6425 for a free strategy session regarding your specific case and how we can help.