Appeals

Appeals

Darren M. Shapiro, Esq. is an experienced lawyer in divorce, matrimonial and family law appellate cases. Our office can give you the representation and guidance required to navigate through your divorce or family law appeal. Mr. Shapiro will ensure that timely filings are made in order to make sure your voice is heard, whether you are defending yourself or pursuing an appeal. There are many laws and rules that are important to observe when prosecuting or defending against a divorce ruling from the Supreme Court or a court order in a family law case from a New York Family Court. Since Mr. Shapiro has years of experience with matrimonial cases, family law and appeals, he is the right attorney for many individuals.

Long Island and New York City are located in the Second or First Appellate Division Judicial Departments, while the Third and Fourth Judicial Departments cover upstate cases. The Second Department includes: Nassau, Suffolk, Queens, Brooklyn (Kings County), Staten Island (Richmond County), Rockland, Westchester, Orange, Dutchess and Putnam County. Manhattan (New York County) and the Bronx make up the First Department. We will help you determine not only where the case belongs, but whether there is an appealable order. We can also discuss whether an appeal is your best or only remedy. Often, it might make more sense to try to modify the order, if there is an appropriate change of circumstances, rather than to appeal or even while an appeal is ongoing. Darren can talk to you about all your options.

Not all rulings are appealable. The person seeking an appeal must be what is called an aggrieved party in order to be permitted to appeal. In certain circumstances a motion to vacate an order in the trial court, such as a case with a default order, might be necessary before an appeal may proceed. Written objections are a prerequisite to a ruling by a Family Court Support Magistrate before a case is ripe for an appeal. The failure to timely pursue these remedies can likely preclude an appeal on a case from ever being heard. We will move quickly to ensure that your rights are aggressively defended. This office strives to be approachable and responsive to our clients. Darren M. Shapiro, Esq.’s training and years of practice prove to be vital tools in effectively navigating the appellate process.

Parties have thirty days, after service of notice of entry of the order to be appealed from, to properly serve and file a notice of appeal and request for appellate division intervention. The appealing party or appellant will need to perfect the appeal according to the rules of the appellate division where the case will be heard. The appealing lawyer or party will need to prepare, serve and file an appellate brief with the record on appeal. After the appeal is perfected, all other parties can file their own briefs to which the appellant may respond with a reply brief. At times, a stay pending an appeal can be sought. The Court might want oral argument either on the stay issue or prior to making a decision on the appeal. This office will effectively represent you through the inception of an appeal to a decision when retained as your lawyer, but it is important to move quickly, particularly in appellate cases.

Free initial consultations are available to discuss your family law, matrimonial, or appellate law issues. Please call to speak with a caring lawyer that will fight hard to protect your rights. It will be our pleasure to speak with you about the case.

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