The Appellate Division is New York State's intermediate level appellate court. It hears appeals from trial courts and has jurisdiction to hear certain original proceedings commenced in or transferred to it as provided by law. In determining appeals it has power to review issues of law, fact, and discretion arising in civil and criminal cases. Appeals from the Appellate Division are taken to the Court of Appeals, the State's highest court. The greater part of all appellate review in New York State is provided by the Appellate Division.
Motions are returnable in this Court on a Monday (or if a Monday falls on a holiday, on the next business day). You must give 13 days notice (prior to the return date) if you serve your adversary (or adversaries) by mail or 8 days notice if you use personal service. Return the original motion papers to the Courts office, serve your adversary (or adversaries) with one copy, and provide the Courts office with proof of service. You should attach to your papers a copy of your notice of appeal, a copy of the order or judgment appealed from, and a copy of the written decision upon which the order or judgment was based.
Keywords: Suffolk New York, Motion, Affidavit, Support, Extension of Time, Perfect Appeal Description: In Suffolk New York, a Motion and Affidavit in Support of Motion for Extension of Time to Perfect Appeal is a legal document that seeks to request additional time to properly finalize the appellate process. This motion is typically filed by the appellant who needs an extension to complete necessary tasks to perfect their appeal. There are several types of motions and affidavits related to seeking an extension of time to perfect an appeal in Suffolk New York. These include: 1. Motion for Extension of Time: This motion requests an extension beyond the original deadline set by the court to complete and perfect the appeal. 2. Affidavit in Support of Motion: The appellant is required to provide a sworn statement or affidavit that outlines the reasons for needing the additional time. This affidavit presents facts and arguments supporting the request for an extension. 3. Motion for Extension of Time Due to Excusable Delay: If there were valid reasons beyond the control of the appellant that caused a delay in perfecting the appeal, such as medical emergencies or unavoidable circumstances, this motion is filed to request an extension based on excusable delay. 4. Affidavit of Merit: In this affidavit, the appellant needs to demonstrate the viability of their appeal by presenting a summary of the merits of the case. This document shows that the appeal has substantial grounds for success and justifies the need for more time to ensure a proper presentation of the case. When filing a Motion and Affidavit in Support of Motion for Extension of Time to Perfect Appeal in Suffolk New York, it is imperative to adhere to all court rules and guidelines. It is highly advisable to consult with an experienced attorney to gather and present all necessary documents and arguments required for such a motion.
