This office takes on a limited number of appeals in the areas of family law matters as well as estate matters in New York’s Third and Fourth Departments. In addition, Diana will consult and review documents for those wishing to proceed with the appeal without counsel.
Appeals are not for the weak of heart. All deadlines are tight and precise. If deadlines are missed, the opportunity to appeal may be forever lost.
The standards and rules of drafting, filing and perfecting appeals are very different from those of the lower courts. Second chances are not the norm in the Appellate Courts, and each Appellate Department has their own quirks and required forms and formatting. Imagine losing your case because your brief was not according to the standards of the Appellate Court in which you appear.
An appeal is not an opportunity to try your case a second time, so if that is the goal, appeal is not the mechanism to do that.
Appeals, quite simply, are the opportunity to fix the mistakes of the trial courts. Judges can make mistakes and render erroneous and sometimes unthinkable decisions. The Appellate Court gives the opportunity to cure those decisions. The judge may act beyond their authority in rendering the decision, there may have been a misapplication of the law, perhaps there was an error in determination on objections during trial, perhaps allowing evidence in that should have been kept out or visa versa. All of these actions, and more, give cause for a challenge of the trial court’s decision that may be sufficient for reversal of all or part of the decision rendered.
If you were successful at trial, the opponent may bring an appeal for reversal of the order based on any of the above errors of the court, or other errors entirely. The bases for appeal are myriad, but for a successful appeal, the error committed must rise to the level of being “reversible error,” meaning that if that error is “fixed,” the result would be a different decision than the one rendered by the trial court.
Trial courts can make many errors in any given case, but if those errors are insignificant and will not rise to the level of being reversible, then the Appeal will not, or at least should not, succeed.
Types of Cases
Diana accepts only civil appeals, no criminal work at all, in the areas of:
- Family Law matters including, but not limited to, Divorce Judgments, Child Custody Matters, Maintenance/Spousal Support, Equitable Distribution, Relocation
- Estate Matters of all sorts
- Other civil matters on a very selective basis
Why hire this office?
Diana has over two decades of experience in all types of Family law work and Estate Litigation matters. On appeal, you need an attorney that is intimately familiar with the areas of law within which appeal is taken and how the laws are applied in the relevant situations.
Appeals are based on written briefs, requiring extensive research and analysis of the law and an oral argument to convince the Appellate bench that your position is the right, just and proper position. Appellate counsel must have the ability to present your case, and refute the other side’s case, both on paper and in oral argument. Diana, fortunately, has these skills in these areas of law.
If you would like to consult or discuss your needs involving appeals, please Contact Diana at your convenience.