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Commencing an Appeal - Act Expeditiously

Writer: Barry J. FisherBarry J. Fisher



After you receive an order from a lower court, if you believe it might contain a reversible error, you should consult with experienced appellate counsel to discuss the legal issues that could be addressed on appeal.


If it is decided that you want to proceed with an appeal, then within 30 days of being served with the order being appealed with notice of entry, you will generally file a Notice of Appeal and related documents. The Notice of Appeal gets filed with the lower court and not the Appellate Division.


If the decision is one that is not automatically appealable as of right, then you can make an application to the Appellate Division for permission to appeal. Either way, you must proceed within the same 30 day time period and those rules are strictly enforced.


The attorneys at Capetola & Divins, PC are experienced appellate counsel who can properly assist litigants with the appellate process. Inasmuch as time is of the essence in deciding whether or not to file a Notice of Appeal, consultation with an appellate attorney should take place as soon as possible after the order is received.

 
 
 

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Phone: 516-746-2300

 

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