Law Office

Daniel A. Zahn, P.C.

631-471-3851

Legal Malpractice

 Medical Malpractice

 Wrongful Death

 Serious Personal Injury

 Appeals

        APPEALS                   
                            

In New York State, unlike almost all other states, the Supreme Court is a trial court or the lowest court. Up from the Supreme Court is the Appellate Division. There are four (4) Appellate Divisions in New York State which are divided into four separate departments depending solely on Geographic’s. Up from the Appellate Divisions is the Court of Appeals which is the highest court in New York State.

All law suits filed in Suffolk County Supreme Court are given an index number and almost all are eventually assigned a Judge. After all discovery is complete, the case is placed upon a general trial calendar. If a jury is demanded, the lawyers for all parties select a jury. After jury selection or if no jury was demanded, a trial judge is assigned the case. The trial judge is present to make sure the law is properly applied to all phases of the trial. Sometimes, the trial judge makes a mistake in applying the law or otherwise affects the final outcome of the trial. In either event, the aggrieved party may be able to appeal to a higher court.

In Suffolk County, all appeals from the Supreme Court go to the Appellate Division, Second Department, located at 45 Monroe Place, Brooklyn, New York. Without getting into all of the technical rules regarding taking an appeal to the second department, suffice it to say that many of the trial court’s rulings and orders are modified or reversed by the Appellate Division. Sometimes this can result in a case being dismissed, reinstated after it was dismissed or a new trial being granted.

The grounds for an appeal from the trial court to the Appellate Division or from the Appellate Division to the Court of Appeals are many and too numerous and complicated to mention on a simple webpage. There are time frames which must be strictly complied with in order to appeal a trial court order or judgment to the Appellate Division. There are time frames which must be strictly complied with to appeal from an order and decision from the Appellate Division to the Court of Appeals.

Call us now, if you or a loved one has had a recent case involving legal or lawyer malpractice, a serious injury because of an accident, the wrongful death of a loved one or because a loved one was injured or passed because of a medical mistake or medical malpractice and you desire to appeal that case. We represent clients in their appeal to all of the Appellate Courts of the State of New York, the United States Federal District Courts of New York and to the United States Supreme Court.

  

        REMSENBURG                   HOLBROOK                     EAST SETAUKET
                      44  Club Lane                                                       1597 Grundy Avenue                                                 342 Old Town Road
              631-728-4434                                        631-471-3851                                       631-331-4424 
                   (By Appointment)                                                                                                                                             (By Appointment)


WE CUSTOMARILY ADVANCE DISBURSEMENTS BUT THE LAW REQUIRES THE CLIENT BE ULTIMATELY RESPONSIBLE


The materials contained in this website are for information purposes only and not meant to be and should not be construed as legal advice. Viewing this website is not intended to nor does it create any attorney-client relationship.  Our practice and all information on this website is limited to the laws of the State of New York. This is attorney advertising.
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