Convincing the New York State Court of Appeals to hear your appeal is an exacting task. Except for a limited scope of cases, there is no right of appeal to the Court of Appeals. When an appeal can be taken as of right, a Notice of Appeal should be filed with the Court. In all other circumstances, a “Motion for Leave to Appeal” must be timely filed for your case to be considered. When filing this application to the Court of Appeals, the original motion must be paper-filed and then followed by digital submission. Such applications are usually decided within 6-8 weeks after the return date.
Hearing approximately only 200 cases annually, the Court of Appeals is very selective in granting appeal applications. It is crucial to understand what appeals to the Court to improve the odds of having your application granted. In constructing your argument, it is important to highlight a misapplication of the law or some other injustice that has broad, statewide implications beyond your individual case.
If permission to appeal is granted, a Preliminary Appeal Statement must be filed with the Court. Generally, the Court will then send a scheduling letter setting forth the briefing schedule and filing dates for record material.
Filing a successful application to the Court of Appeals can be daunting. The experts at Appellate Innovations can answer your questions and help ensure that your submission meets the Court’s strict procedural requirements. Call or email us today to learn more 914.948.2240 or firstname.lastname@example.org.