A New York Preliminary Appeal Statement (Court of Appeals) is a written legal document that is filed with the Court of Appeals in the New York State Appellate Division. It is the first step in an appeal process and outlines the legal basis for the appeal. It outlines the facts of the case, the issues to be decided, the legal arguments, and the relief sought. The Preliminary Appeal Statement must include the names of the parties, the order or judgment being appealed, and the date of the order or judgment. It must also include any relevant documents and transcripts. There are two types of Preliminary Appeal Statement — a Notice of Appeal and a Motion for Leave to Appeal. The Notice of Appeal is used when appealing a final judgment or order and the Motion for Leave to Appeal is used when appealing an interlocutory order.
New York Preliminary Appeal Statement (Court of Appeals)
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Period of ordinary appeal. The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty (30) days from notice of the judgment or final order.
The preliminary statement must depict the real-life factual story. It should also broadly describe the law that requires the appellate court to find error below and therefore come out in your favor. You should write and rewrite it (and then write it again)?because it is critical to success.
In each Court of Appeal, a panel of three judges, called "justices," decides appeals from Superior Courts. The Courts of Appeal can agree with the decision of the Trial Court, agree in part and disagree in part, or disagree and reverse the Trial judge's decision.
New York law is permissive with respect to interlocutory appeals, allowing a party to appeal as of right an interlocutory order that ?involves some part of the merits? or ?affects a substantial right.? CPLR 5701. The scope of an appeal of a final judgment or order is governed by CPLR 5501.
Appeals as of Right: When a case is eligible for an appeal as of right, CPLR 5513(a) provides that the notice of appeal must be served and filed within 30 days from the date of service of the order with a notice of entry.
Generally, unless otherwise provided by statute, rule or Court order, an appeal is perfected by filing the original record or appendix, five copies thereof, an original and five copies of a brief, all exhibits, and proof of service of the record and brief, and paying the filing fee.
An appeal may be taken to the court of appeals as of right in an action originating in the supreme court, a county court, a surrogate's court, the family court, the court of claims or an administrative agency, from an order of the appellate division which finally determines the action, where there is a dissent by at
Motion for Leave to Appeal The motion papers must include argument in support of the motion, a copy of the order or judgment and decision you seek to appeal, and a copy of any order or decision that was reviewed by the Appellate Division.