Open Divorce & Custody Judgement 05/14. The Judge signed it 04/30 enter/mailed on 05/02 . When's the deadline to appeal ?

Asked over 1 year ago - New York, NY

This is the final judgement from the Supreme Court signed on 04/30 but entered/mailed on County Court on 05/02 . Is it 30 days to appeal it ? There was no indication in the Judgement on when to appeal it or the deadline . Usually in te past it says 30 days but this has NO statement of 30 days . Please advise. I might hire a lawyer who is good in APPEALATE COURT . Please call me 646-241-4737 or email me at ferds999@gmail.com . The case is from Dutchess county but I need a lawyer from NY city or white plains who is an expert in Appealate court in family law. My name is Ferds..

Attorney answers (6)

  1. David Ivan Bliven

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Your time to appeal is 35 days from when it was marked as mailed out by the Court "with Notice of Entry." You should shop around attorneys - there are many listed on the Avvo website (including your ability to submit your case narrative to the "Divorce Marketplace") as well as websites such as Legalmatch.com, Findlaw.com & Lawyers.com.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.
  2. Eric Edward Rothstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . You get 30 days to file and serve your Notice of Appeal from the date the order is served on you. If the service was done by mail you get an extra five days. Some orders have language about the appeal but most don't. In addition, parties serve orders with Notice of Entry, not the court. It is possible the Court sent you an entered copy but that is not the same as your adversary serving it on you with Notice of Entry to start the appeal time running. My firm handles appeals if you want to contact me.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Deborah G. Fiss

    Contributor Level 14

    5

    Lawyers agree

    Answered . Be sure that the order you want to appeal from was arrived upon after a full trial and not a settlement you might have been persuaded to enter. Also be prepared to share the facts as fully as feasible with the attorney you consult as you may not have grounds for appeal so be prepared to hear that...The advice you've been given about 30 days plus 5 is absolutely correct so hurry to find someone. (Assuming you either didn't have an attorney or your attorney doesn't agree an appeal will be successful.)

  4. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You have thirty days from the Notice of Entry to file a Notice of Appeal.

    Lawyers are not going to reach out to you. You have to call the lawyer. However, you should be ready to explain why you are appealing and what you are appealing. You have to discuss the record made in the trial court and discuss trial details.

    If you did not have an attorney help prepare a record, then you likely don't have an appeal. No amount of money and no attorney skill and greatness will prevail on appeal for you.

  5. Lori Noel Bovee

    Contributor Level 13

    2

    Lawyers agree

    Answered . Uiu

  6. Jayson Lutzky

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Use AVVO find a lawyer tab ASAP.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce appeals

A divorce appeal is not meant to allow you to re-argue a divorce. Instead, it is meant to address alleged errors on the part of the judge.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

20,075 answers this week

2,582 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

20,075 answers this week

2,582 attorneys answering