I have a civil claim pending in supreme court.

My question is, the motion was decided by the judge to drop 3 out of 4 causes of action. How do I appeal it?

Albany, NY -

Attorney Answers (3)

Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

You file a Notice of Appeal within 30 days of receipt of the rder with notice of entry or you servce it yourself. There is an additonal 5 days if mailed. Find from the Appellate court if they get the court file or if you have to print a record. You will need to prepare a brief.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
Jeffrey Bruce Gold

Jeffrey Bruce Gold

Lawsuit / Dispute Attorney - Bellmore, NY
Answered

Mr. Rothstein is right, except you first need to file the order with notice of entry, if that was not done by the other side. It is the filing of the order with notice of entry, which triggers the 30 day time period to appeal. You also need to determine whether you have a viable case for appeal i.e. why was the judge incorrect?

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
Robert Pecco Baker

Robert Pecco Baker

Appeals Lawyer - Venice, CA
Answered

In most states that is considered an interlocutory order, not a final order that can be appealed until the case is over. You would have to take an extraordinary writ or get leave for an interlocutory appeal, depending upon state practice. This appears to be another example of a self-represented party about to embark on the wonderful world of appeals. the question of how do I get started is only the first of hundreds. Appeals constitute a highly specialized practice- most trial lawyers do not attempt appeals- they send the appeals of their trials to trusted friends who do only appeals and they work on them together adding the first hand knowleldge of the trial lawyer to the expertise of the appellate lawyer. In doing htis alone you would be facing a 12 month root canal, which might also include joy rides such as sanctions, bounced papers etc.

If the case does not merit an attorney, let it go. Proceed with the one claim you have left, because after all there is no guaranty that you are going to win the appeal no matter who handles it. Presume that the trial judge knew what he/she was doing. Handling that one claim is going to cause you more than enough indigestion, and all you need to win is one claim.

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