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Appellate Procedure Summary (New York)

 

Basically, you can Appeal either a final Judgment or an intermediate order. You have to file the appeal within 30 days of the order you disagree with. You must then "perfect" the appeal:

  • Get a copy of the court transcript for the session.
  • Get a copy of all the papers submitted to the court.
  • Prepare a "brief" which references the preceding items and explains to the court why the decision should be reversed.

NOTE: During trial, if something happens you don’t like your attorney must OBJECT (to preserve the item for appeal), ALSO, if you appeal a final Judgment, it also brings up for review all prior orders effecting that final Judgment (even though you may not have appealed those at the time).

The "other side" then submits their "brief", and you get to submit a "reply brief" to what they said, and so do they.

You then appear before the Appellate Court, which is a five Judge panel to argue your case.