New York Authorization To Discontinue Appeal is a legal document used to withdraw an appeal filed in a New York State court. The document is also referred to as an Appeal Discontinuance Form and must be signed by an attorney of record or by the appellant in order to be valid. This document is required when an appeal is being discontinued in either the New York Supreme Court, Appellate Division or Court of Appeals. The form must include the case information, such as the title of the action, the court, the index number, and the names of the parties, as well as the reason for discontinuing the appeal. There are three types of New York Authorization To Discontinue Appeal: General Discontinuance (A-155A), Discontinuance of Appeal from an Order or Judgment (A-155B), and Discontinuance of Appeal from an Interlocutory Order (A-155C).
New York Authorization To Discontinue Appeal
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FAQ
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 of $315 (22 NYCRR 1250.9 a, 1250.17
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.
Q8: How much time do I have to perfect my appeal? An appeal must be perfected within six months of the date of the notice of appeal or order granting leave to appeal unless that time is extended by the court(22 NYCRR 1250.9a).
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
With some limited exceptions, the primary role of an appellate court is to review lower court orders. The appellate court will review the same papers, which are contained in the record on appeal, as well as any transcripts. The appellant will submit a brief, which is the argument, which must reference the record.
Deadline to File a Notice of Appeal in New York State The deadline for filing a notice of appeal is 30 days from the date the order or judgment is served upon a party with a notice of entry, which starts the clock ticking for the filing of an appeal.
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.
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.