Appellate Lawyer New York City
How Our Appeals Lawyer Can Help You
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well the process to file an appeal is
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actually quite simple you file a notice
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which is a notice of appeal which
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basically says I want to appeal and you
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file that with the trial court sometimes
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you file it with the Appel Division if
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it’s an emergency but primarily with the
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trial court and then you file an Appel
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division information statement which
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basically tells the court what you’re
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looking to appeal the Nuance is and the
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complexities come into motion practice
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before the appell court and they also
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come into play with regard to how to
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frame your appeal what issues you should
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actually present in your brief rather
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than what issues you presented in your
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notice to the Appel division as to the
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issues that you wanted to bring before
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the court because you’re not bound by
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that information statement you are bound
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by your brief and you are bound by what
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you put before the court so you’ve got
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to pick your issues carefully and you
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you’ve got to make sure they’re the
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strongest ones possible in terms of
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arguing
We Stand Up for Clients in Appeals Cases
If you believe the lower court’s decision in your case was made in error, our New York appellate lawyer will examine the trial court proceedings to determine if there is a legal reason for an appeal. If there is, we will work hard to have the decision reversed. Or, if you need to defend an appeal because you agree with the lower court’s decision, we can help you in this situation also. Don’t delay in reaching out to us if you need help. There are strict deadlines for bringing appeals.
Consultation Services Provided by Our Appellate Lawyer
The Levoritz Law Firm also provides consultation services to trial lawyers working on cases that may go to appeal. Our appellate lawyer can provide assistance by spotting appealable issues, advising about appellate processes and procedures, and writing effective appellate briefs to reverse or affirm lower court decisions. Yoni Levoritz has extensive experience drafting appellate briefs, some of which have made case law, as well as presenting oral arguments before the New York appellate division. Contact the firm to arrange a time to speak with him. When you work with The Levoritz Law Firm, you can trust our respected appeals lawyer to work diligently toward getting you a desired outcome.
About Our New York City Appellate Attorney
Yoni founded The Levoritz Law Firm in 2005, primarily focusing in family law and divorce cases. Since that time, he has built a strong reputation both as a trial attorney and as an appellate lawyer. Yoni has received numerous accolades for his ethics, his dedication to clients, and his deep knowledge of the intricacies of New York law. He brings his in-depth legal knowledge and experience to successfully resolve the complex cases he handles. He is frequently quoted in publications and other communications outlets on legal topics in his areas of practice. As a highly skilled writer, Yoni has bylined published articles on various family law and matrimonial topics. He brings his considerable prowess as a writer to the carefully researched and well-drafted appellate briefs that he prepares on behalf of his clients’ cases.
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well I’ve been filing family law appeals
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for the past 19 years I actually started
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off as a pargal working on appeals and
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working on motion papers before I became
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an attorney so I’ve been working on
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appeals for quite some time what I try
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and do is I try and frame the appeal
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from the earliest day possible to try
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and put myself in a position where I
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have the highest chances of success and
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remember the losing party from the trial
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court has a very high burden of
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convincing the judges in the higher
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Court why the lower court order should
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be changed so you put yourself in a
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position where you try and explain why
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the lower court made a mistake and if
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you were the Victor you try and explain
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why it should be upheld and how the
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lower court got it right
A Skillful Legal Advocate in Complex Appeals Cases
At The Levoritz Law Firm in New York, we concentrate our practice in all facets of family law and divorce, including in appellate law. We handle legal disputes involving high-asset divorce, child custody and visitation, property division, spousal support, and the full range of related matters. When you need a skillful legal advocate in an appellate case, look no further than The Levoritz Law Firm located in Manhattan, New York.
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FAQ
- What does an appellate lawyer do?
Appellate lawyers take on cases that are being appealed by parties who are unhappy with the lower court’s decision. In New York, family law and divorce cases are heard by the New York Family Court and the Supreme Court of the State of New York, respectively. Appellate lawyers represent parties appealing decisions by the family court or supreme court as well as parties who are happy with the decisions of those courts and need to have the decision defended. Appellate attorneys provide written briefs and deliver oral arguments to appellate court judges to either refute or support lower court decisions.
- What is an appellate case?
Appellate cases contest the decisions of lower courts. It is a way to have a case reviewed to potentially have the lower court’s decision reversed. The appellate court does not hear new evidence. Instead, it reviews how the law was applied in the lower court case to determine an outcome. If the appeal court thinks the lower court’s decision was wrong, it will reverse, or vacate, it. If it agrees with the previous decision, it will affirm it and the decision will stand. The appellate court may also modify parts of lower court decisions while leaving the rest as is, or may send the case back to the lower court to be tried again.
- What is the appellate court used for?
The appellate court reviews decisions of lower courts, including the family law court and the New York State Supreme Court. Appellate judges then rule on decisions made by the lower courts. They can decide to let a decision stand, reverse it, modify it, or send it back to the lower courts. In New York, there are four appellate divisions that serve different areas of the state. Appeals cases in New York are heard by the First Judicial Department.
- What kind of decisions can be appealed?
Our New York appellate lawyer brings and defends appeals in decisions involving:
- Child custody
- Child visitation
- Child support
- Spousal support
- Equitable distribution
- Premarital agreements
- Other civil law matters.
Our law firm can help you understand whether your case merits an appeal. Or if you are the respondent in an appellate case, we can develop a defense. Call The Levoritz Law Firm in New York today at (718) 942-4004 to arrange a consultation.
- How long do I have to file an appeal?
You must appeal within 30 days of receiving the notice of entry of judgment in your case. If it is being mailed to you by the court clerk, you have 35 days from the mailing date. You can read more about the appeals process in the state and appeals timing under New York law here. There is little leeway in this deadline. If you miss it, you may lose your right to appeal. Schedule a consultation with our appellate lawyer right away if you are considering an appeal, to learn whether it is a viable option.
- How does the appeals process work?
To appeal a case, first your lawyer will file an order of appeal with the lower court that made the decision in your case. Briefs are prepared and served on the respondent. The respondent’s attorney then will respond to the brief with a written argument of their own. Depending on the case, opposing attorneys may then present oral arguments to the appellate court judges. Once the arguments have been heard, the judges will make their ruling. The appellate court may either:
- Affirm, or agree with, the lower court’s decision
- Reverse the lower court’s decision
- Change specific parts of the decision
- Send the case back to the lower court to be reheard.
What happens in your case depends on the circumstances as well as the strength of your appellate attorney in arguing your appeal or defense before the court. At The Levoritz Law Firm, our appeals lawyer will fight hard to get you the outcome that you need.
- Will I have to testify in court for my appeal?
No — you won’t have to go before the court and testify as you may have during the trial. The appellate court operates differently than the trial court. Appellate court judges make their rulings based on written briefs and oral arguments by attorneys. The briefs are prepared, and arguments made by appellate attorneys who represent each side. The appellate court only considers the record of proceedings from the trial court and whether there were or were not legal errors made in lower court decisions. Typically, no new evidence is introduced in appellate cases.