Appeals in New York State and Federal Courts

New York Appellate Lawyers can mean the difference in the outcome of your case and can significantly impact the process required to arrive there. Due to the 30-day statute of limitations after a decision has been made, time is of the essence. Finding an appeals lawyer to assist in your case will help streamline the appeal and ensure that no pertinent information is missed. In Manhattan, NY, you will be filing with the first department of appeals, and once the Notice of Appeal has been filed and accepted, a second timer begins.

Once approved, you must work with your legal team to fill out the remaining paperwork and complete and perfect your legal brief within the allotted nine months. This is the stage in the process where having a team of expert lawyers who are well versed in Manhattan, NY procedures can make all the difference. Since there are different guidelines and rules depending on the region and district of New York you reside in, a team of appellate lawyers specializing in your area will ensure that your case is handled correctly and satisfies all of the unique requirements.

This principle rings true even more so when dealing with the US Supreme Court. With over two decades of experience and countless favorable testimonials, McCallion & Associates LLP has the know-how to ensure they get the job done right the first time. With a team of seasoned lawyers on your side, your appeal with be expertly handled, and you can rest with the peace of mind that you will not make a mistake or miss a crucial step. It is all but necessary to have professional legal counsel at the state level. For the best results, hiring a firm to handle your case is an intelligent bet rather than relying on appointed counsel. At the federal level, though, retaining a legal team's services is absolutely necessary.

If you have been the victim of discrimination in the workplace and have filed a claim, what happens after the decision can significantly impact your life moving forward. If you have not already, and your claim is denied, it is crucial to contact an Employment Discrimination Appeals Attorney to handle your case moving into the appeals process. Unlike other appeals, once the negative decision has been handed down, you will have 60 days from the time of the issuance to appeal the decision with the New York Supreme Court.

If the employment discrimination case is a federal matter, though, the required process will vary from that of the state appeals. This may be the case if you were a federal employee or were affected in another way that would involve the federal government. In this case, it is exceptionally important to retain the services of an attorney who is knowledgeable about the discrepancies between federal and New York courts. If you are in need of a Federal Employee Discrimination Lawyer, contact McCallion & Associates immediately to schedule a cost and obligation-free initial consultation in Manhattan, NY, today.

If you are a party to a civil case in the New York State courts where you have had a negative decision, you have a very limited time to appeal. Any negative decision or order from a lower or trial New York Court (Supreme Court, Surrogate's court, Family court, County court, and Court of Claim) can be appealed, but a Notice of Appeal must be filed within 30 days of the filing and service on you by the other side of a Notice of Entry of the decision. After filing your Notice of Appeal, you then must “perfect” the appeal within a certain time frame to one of the four Departments of the Appellate Division of the New York State Supreme Court. In downstate New York, there are two Departments: The first Department covers Manhattan and the Bronx, while the Second Department covers Brooklyn, Queens, Long Island, Westchester, Dutchess, Orange, Putnam and Rockland Counties. You have nine months to perfect an appeal in the First Department, which requires the filing of the entire Record on Appeal and your legal brief. In the Second Department, you have six months to perfect your appeal.

If you are not successful in getting your case reversed by the Appellate Division, you may appeal the New York State Court of Appeals in Albany, but you only have an absolute right to do so if some of the Appellate Division judges agreed with you and “dissented” from the majority opinion. Otherwise, you need the permission of the Appellate Division or the Court of Appeals to appeal from a losing decision in the Appellate Division.

There are four federal courts in New York State: The Southern District of New York is based in Manhattan and Westchester; the Eastern District of New York is based in Brooklyn and Long Island. The Northern and Western Districts cover upstate New York. All appeals from these courts are in the United States Court of Appeals for the Second Circuit, located in lower Manhattan. Appeals from the Second Circuit Court of Appeals go to the U.S. Supreme Court in Washington, but you must have permission to appeal there through what is known as a Writ of Certiorari.

McCallion & Associates LLP is highly experienced in both civil litigation and appellate practice in both New York State and federal courts in New York State. Our appellate attorneys have achieved notable victories in appeals in both state and federal courts, where they have handled a wide array of appellate matters. The skilled attorneys at McCallion & Associates LLP have won favorable ruling for their clients on a variety of subjects in both the trial courts and on appeal.

Contact McCallion & Associates LLP for a free initial consultation.

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