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Court dismissed plaintiff's case; Court then denied plaintiff's Motion to Renew the case. Can Plaintiff appeal both decision?

New York, NY |

Can the Plaintiff appeal both decisions (dismiss case & deny Motion to Renew), after the Court denied the plaintiff's Motion to Renew the case? Or the plaintiff can only appeal Court's decision on Motion to Renew, but not the decision to Dismiss? This is after the 30 days of court's decision to dismiss the case.

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Attorney answers 2


Assuming you filed and served timely Notices of Appeal you can appeal both decision in one appellate brief.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.



Even if this is well after 30 days when Court made decision to dismiss, can the plaintiff still appeal Court's decision to dismiss?


Both final rulings may be appealed -- in one appeal



Even if this is after 30 days when the Court made decision to dismiss, can you still appeal Court's decision to dismiss? Thank you in advance!

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