A New York Preliminary Appeal Statement (Court of Appeals) is a document filed by a party to an appeal in which the party states the issues they are appealing and the relief they are seeking. It is the first step in the process of appealing a decision from a lower court in New York State. The statement must be filed within 20 days of the decision being entered in the lower court. There are two types of New York Preliminary Appeal Statements: an Order to Show Cause and a Notice of Appeal. An Order to Show Cause is used when a party wants to ask the appeals court for an immediate order that will change the situation in the lower court while the appeal is ongoing. A Notice of Appeal is used when a party wants to appeal a decision of the lower court, but does not request an immediate change to the situation. The statement must include the name of the lower court from which the decision is being appealed, the name of the parties involved, the docket number of the case, a statement of the relief being sought, and any other relevant information that may aid the appeals court in making its decision.
New York Preliminary Appeal Statement (Court of Appeals)
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FAQ
Introduce your narrative theme or storyline and hint at upcoming plot turns. Group positive information together. Think of the preliminary statement as a piece of flash fiction. Address opposing counsel's counterarguments upfront if you have a strong argument, or lowlight them later in the statement of the facts.
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.
I. Introduction (or Preliminary Statement) Does the Introduction articulate the party's claim and introduce the theory of the case by referring to the case facts? Are the parties identified? Is the procedural history included?
Federal courts of appeals to provide one ?Statement of the Case? that includes the facts relevant to the issue(s) submitted for review, the procedural history of the case, and the disposition(s) of the lower court(s).
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.
Strive to keep it under two pages. It helps to think of it as an executive summary for the court or as a story you'd tell over dinner or drinks - something that quickly and memorably tells the reader why you should win. That's why an overly long and detailed preliminary statement doesn't work.
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.