Appealing a court order or judgment in New York is a highly technical process. Family law and divorce litigation generally involve complex legal issues, and the facts of each case are unique. If a court order or judgment is incorrect as a matter of law, or an abuse of the lower court’s discretion, it can be appealed to the Appellate Division which is the court of higher jurisdiction over the lower courts such as the Supreme and Family Courts. Merely being unhappy with the results of a court order or divorce judgment is not in and of itself, a legal basis for a successful appeal. The Appellate Division Court has the power to either affirm or reverse in whole or in part an order of the lower court, or to remand the case back to the lower court for additional findings and to determine additional issues in the case based on specific instructions.
An attorney with experience
If you want to find out if there is a basis for appealing a matrimonial order or judgment of divorce in your case and you would like to discuss your options, contact the office of matrimonial litigator Ingrid Gherman. During her more that 30 years in practice, she has been drafting and arguing appeals in the Appellate Division of the First and Second Departments. To discuss your options with Ingrid, call her law office at (212) 941-0767 or send an inquiry using the on-line form.
The Judicial Departments
The Appellate Division in New York State has four Judicial Departments for different geographic areas of the state. The First Judicial Department determines appeals from orders and judgments rendered by the lower courts in New York County (Manhattan) and Bronx County. The Second Judicial Department makes appeal determinations from orders and judgments rendered by the lower courts in the counties of Kings (Brooklyn), Queens, Richmond (Staten Island), Westchester, Rockland, Orange, Suffolk and Nassau. The Third and Fourth Judicial Departments hear cases in upstate and western NY. An appeal can also be taken to the NY Court of Appeals, which is the highest court in the state.
The Appeal Process
Generally, this process is highly technical Each NY Judicial Department has its own rules and schedules for perfecting an appeal. The process begins with a “Notice of Appeal” filed in the lower court which rendered the Order or Judgment which is being appealed. If the appeal is perfected in the Second Judicial Department, it must be filed within 6 months from the date of the Notice of Appeal. If the appeal is perfected in the First Judicial Department, it must be filed within 9 months from the date of the Notice of Appeal.
The appellant’s briefs must be served upon the attorney for the respondent, and he or she has the opportunity to file a respondent’s brief in opposition to the appellant’s brief. Oral arguments are scheduled by the Appellate Division and presented by the attorneys for the respective litigants.
If you are considering an appeal in your case, be prepared for it to be costly.
If you need to file an appeal, get a lawyer with the know-how
Ingrid Gherman is a successful appellate attorney, versed and experienced in the New York divorce appeal process. She has unique skills that most matrimonial attorneys do not have because the appeals process is complicated and technical. Ingrid handles appeals for existing clients, as well as clients whose case was handled by other attorneys at the trial level. In the event that you need to file an appeal, contact Ingrid Gherman’s law office at (212) 941-0767 or send an inquiry using the on-line form.