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Appealing to the Highest Court in New York State? There’s a Specific Process to Follow

Appealing to the Highest Court in New York State? There’s a Specific Process to Follow

Appealing to the Highest Court in New York State? There’s a Specific Process to Follow by Liza Bobo

{1:58 minutes to read} An appeal is sought when you are dissatisfied with an order, judgment, or decision received in the Appellate Division’s First, Second, Third and Fourth Departments.

In New York State, if you are dissatisfied with the decision from the Appellate Division, you may appeal to the New York State Court of Appeals, which is the State’s highest court. For the purpose of today’s blog, we will discuss making an application via motion[1] for permission to appeal to the Court of Appeals. And if the motion is granted, preparing a Record on Appeal.

You will need the motion, the supporting documents and attachments, and one copy of the Record on Appeal/Appendix and all Briefs filed at Appellate Division, which will be served upon your adversary and filed at the Court.[2] Upon review of the motion, the Court will make a determination as to whether they will allow you to appeal to the Court of Appeals.

If that determination goes in your favor, permission to appeal to the Court of Appeals will be granted.

As per rule 500.14, there are several ways to prepare the documents on appeal to be reviewed by the New York State Court of Appeals, but as I stated earlier, we will only be discussing preparing a Record on Appeal. When preparing the Record on Appeal documents for review, the Court indicates, “… full record which shall include the record used at the court below, the notice of appeal or order granting leave to appeal to this Court, the decision and order appealed from to this Court, and any other decision and order brought up for review, with proof of service of three copies of the new record on each other party.”[3] 

For a more lengthy discussion for the preparation of the Record on Appeal material to the New York State Court of Appeals, please contact Appellate Innovations. For further assistance or questions about this process, please contact us today. 

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[1] NYSCA rule 500.22

[2] NYSCA rule 500.12

[3] NYSCA rule 500.14

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Liza Bobo

 

Liza Bobo
APPELLATE INNOVATIONS

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Phone: (914) 948-2240

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