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Typically, in civil matters, a party has 30 days from notice of entry of an Order, to appeal to a higher court. After the Notice of Appeal is properly filed, the record of the proceedings must be compiled. The record depends on what point the case was appealed from. For example, if an appeal is taken from a Motion, the record may be as simple as the Motion papers and the documents supporting the Motion. If the appeal is from a jury verdict, the record will include the transcripts of all testimony, as well as exhibits and all other pleadings leading up to the verdict.
The appeal process in Family Court and Criminal Court is materially different and again, is dependent on the type of case and the matter being appealed from.
When considering appealing an adverse decision, or confronted with an appeal by the opposing party, not only is it necessary to assure compliance with the deadlines, but it is also extremely important to understand the law and the basis of the appeal.
At Meggesto, Crossett & Valerino, LLP, we have appealed matters to all Appellate Courts in the State of New York. When confronted with an appeal, our attorneys make a practical, cost effective analysis, using our state of the art research abilities to determine whether or not an appeal is warranted, on both a legal and cost basis.
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James A. Meggesto
William W. Crossett, IV
Heather LaDieu