Appellate Practice

Whether you wish to take an appeal from a judgment or order, or must defend an appeal, you need a trusted and skilled appellate practice lawyer. Kerry Dinneen combines meticulous legal analysis with cogent and persuasive oral and written arguments.  Appellate practice requires the ability to analyze the record of the Court below and identify the bases to appeal an adverse order or to affirm a favorable one with a nuanced perspective. With expertise in drafting compelling appellate briefs and an understanding of what Appellate Division judges look for when presented with questions of law or fact on appeal, Kerry provides strategic advocacy at every stage of the process to protect your interests, from the initial filing of a timely notice of appeal to “perfecting” your appeal (which refers to the process of complying with the Court’s rules, procedures, and timelines to properly bring your appeal before the Court).

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General Information

  • In order to take an appeal from an order of a New York Court, you must have an “appealable paper” which is one “taken from the judgment or order of the court of original instance.” CPLR §5512(a).  As opposed to a judgment or order, a “decision” from a motion court does not give rise to an appeal. When considering an appeal and all that ongoing litigation may entail, you should consult with a trusted appellate attorney for strategic counseling on those discrete legal issues to be decided by the Appellate Courts. 

  • Appellate work requires a sophisticated degree of legal acumen.  Bringing a case to a higher court for advanced review of discrete issues requires strong guidance and nuanced written and oral arguments during the appeals process. Kerry Dinneen is practiced in the legal research, writing, and analysis that leads to successful representation before various Appellate Courts.

  • Appellate courts, whether state or federal, assess whether the trial court correctly applied the law. They may affirm the decision, reverse it, or remand the case for further proceedings. For those engaged in federal appellate practice or navigating state systems. It’s vital to have experienced appellate lawyers who understand the nuanced procedures and standards of these courts.

  • Federal appellate practice involves navigating and adhering to the Federal Rules of Appellate Procedure, while the New York Appellate Division is guided by the Statewide Practice Rules of the Appellate Division as well as the local rules of each of the four Departments of the Appellate Division. In either instance, in-depth knowledge of best practices when undertaking or defending an appeal is critical to providing a high level of representation throughout the entirety of the appeal process. 

 FAQs

  • The New York Supreme Court is the trial court while the Appellate Division is an intermediate court which hears appeals from the Supreme Court as well as the Surrogate’s Court, Family Court, the Court of Claims, and NY county courts. The Court of Appeals is the highest court in New York and only hears limited questions of law emanating from certain appeals taken as of right or upon being granted leave to appeal, the latter of which must reflect questions of law that are “novel or of public importance, or involve a conflict with prior decisions of [the Court of Appeals], or involve a conflict among the departments.” 22 NYCRR) §§ 500.1 & 500.22(b).

  • The appellate process can be a lengthy one.  While an appeal before the New York Appellate Division must typically be taken within six months of the filing of a notice of appeal, extensions are available to perfect one’s appeal as well as for the opposing party to file an opposition brief. The preparation of a “record on appeal” (which generally includes everything that was presented to the lower court and which is relevant to the order from which the appeal is taken) is time consuming and must be done with great attention to detail.  Recent experience reflects that the full arc of an appeal can take up to two years, for instance, before the Appellate Division, while the Court of Appeals typically takes less time given the fewer cases that make it to the Court of Appeals.

  • Given the investment of time and resources in pursuing a matter on appeal, it is important to obtain an honest and thorough opinion of the likelihood of prevailing on appeal. A consultation is the first step in making an informed decision as to proceeding with an appeal, beginning with a discussion of the merits of a potential appeal.

  • In addition to legal fees, costs associated with the appellate process include obtaining transcripts from proceedings below, filing fees, and appellate printing fees. Additionally, the prevailing party will be entitled to costs on appeal. CPLR §8203. I will discuss these costs and fees with you at the beginning of the process so that you have a clear understanding of the resources that will be required to proceed with your appeal.

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