How to Appeal a Court’s Decision in New York?
The appeals process in New York is pretty simple. You first must file a notice of appeal once you have received the final judgment for your case.
Notice of Appeal
The notice of appeal is your first step and notifies all parties that you disagree with the final outcome of the case and are appealing it. The following information is needed on the form to begin:
- The name, case and docket number of the case.
- Your name and address, as well as contact information.
- The final order you are appealing.
- The date of the final judgment.
- The name of the district court where your case was held.
- The name of the court where your appeal will be held.
- The filing fee due at the time of filing.
You can find and fill out the form online at nycourts.gov. You have only thirty days after the final ruling to file your notice of appeal.
Transcript & Briefs
Next, you will need to order a transcript from the original trial. There are usually fees involved here as well. You will then have to prepare your brief.
The brief is your chance to tell your side of the story. How the case unfolded, why there were errors and what you want to be corrected. You have specific filing deadlines so check with your particular jurisdictional courthouse to find out when to file your brief.
After receiving your brief, the appellee has the opportunity to file their own opposing brief, and then you can file a reply brief if you want to.
Once everything has been received by the appellate court, the Court Clerk will put together the Record of Appeal which includes everything you submitted along with additional resources and documentation. The panel of three judges will base their final opinion on this record. You will receive word of the final decision through the mail, or it will be posted online.
If after receiving their decision you are still unhappy, you can request another review or take your case to the supreme court.