New York City Appellate Attorney

An appeal asks a higher court to review a decision made in the court below — to correct a mistake for the party who lost, or to uphold the decision for the party who won. We handle both sides: pursuing appeals for clients seeking to overturn an unfavorable ruling, and defending appeals for clients protecting a judgment in their favor.

An appeal is a different kind of lawyering than a trial — there are no witnesses, no juries, and no new evidence. It is won or lost on the written brief, the record, and the oral argument before a panel of judges.

At the Law Offices of Albert Goodwin, we handle appeals from trial courts throughout New York City and the surrounding counties, in the Appellate Division, First Department (Manhattan and the Bronx), the Appellate Division, Second Department (Brooklyn, Queens, Staten Island, Nassau, Suffolk, and Westchester), the Appellate Term, and the New York Court of Appeals. On the federal side, we handle appeals from the Southern District of New York and the Eastern District of New York to the United States Court of Appeals for the Second Circuit.

We represent both sides of an appeal: appellants seeking to overturn an unfavorable decision, and respondents defending a favorable one. Whether you just received a decision you believe is wrong, or you won below and want to protect that win, the deadlines are short and the rules are unforgiving. Contact us promptly to preserve your right to seek review.

When you call us at 212-233-1233 during business hours, you are connected directly to the lead attorney, Albert Goodwin — never to an associate or an assistant.

Appeals We Handle

Appellate procedure is largely the same across subject areas — the same briefs, the same record, the same standards of review — but the substantive law differs greatly. We handle appeals across the areas of New York practice where they most often arise.

Civil Appeals

Most appeals are civil appeals — appeals from money judgments, contract disputes, personal injury verdicts, real property decisions, and the full range of civil litigation. We handle civil appeals from the Supreme Court and the lower civil courts to the Appellate Division, including appeals from final judgments and appeals from intermediate orders. We prepare the record, write the brief, and argue the case.

Surrogate's Court Appeals

Decisions of the Surrogate's Court — in will contests, contested accountings, kinship disputes, and removal proceedings — are appealed to the Appellate Division like any other trial court ruling. We have particular depth in Surrogate's Court appeals, having handled estate and trust litigation at both the trial and appellate levels.

Family Court Appeals

Family Court appeals involve custody, visitation, child support, neglect and abuse findings, and orders of protection. Because these cases involve children and families, the courts move quickly and the stakes are deeply personal. We handle appeals and the expedited applications that often accompany them.

Federal Appeals

Cases decided in New York's federal trial courts — the Southern District of New York (Manhattan and the Bronx) and the Eastern District of New York (Brooklyn, Queens, Staten Island, and Long Island) — are appealed to the United States Court of Appeals for the Second Circuit. Federal appellate practice has its own rules and deadlines, separate from the state courts, and we handle appeals on both sides.

What an Appeal Involves

People are often surprised by how different an appeal is from the trial that preceded it. A few points worth understanding before you decide to appeal:

• The notice of appeal comes first, and the deadline is jurisdictional. In most cases you have 30 days from service of notice of entry of the decision to file a notice of appeal. Miss it, and the right to appeal is gone — there are no good-cause extensions. This is the single most important deadline in the entire process.
• The appellate court reviews the record, not the case. Appellate judges decide based on what happened below — the transcripts, the exhibits, the papers filed. If something is not in the record, the appellate court generally will not consider it.
• The standard of review often decides the case. Questions of law get fresh review; findings of fact and discretionary rulings get strong deference. Knowing which standard applies to your issue tells you a great deal about your odds.
• The brief is the heart of the appeal. Oral argument matters, but cases are usually won or lost on the written brief. Appellate advocacy is, above all, a writing discipline.

For a fuller walk-through, see The Appeals Process in New York.

Why Choose Us for Your Appeal

Appellate Work Is a Distinct Skill

Appellate practice requires a different skill set than trial work. It rewards careful reading of the record, command of the case law, and the ability to write a persuasive brief and answer a hot bench at oral argument. That is the discipline an appeal demands.

Direct Attorney Involvement

When you hire our firm, the lead attorney handles your appeal directly. Your brief is not handed off. You speak with the lawyer who is writing your case and arguing it.

Command of the Appellate Rules

Each department of the Appellate Division has its own rules on briefs, records, and timing — the First Department under 22 NYCRR Part 600, the Second Department under Part 670, on top of the statewide Practice Rules in Part 1250. Briefs that fail to comply can be rejected. We know the rules and we follow them.

Honest Assessment

Most appeals lose, and reversal rates are generally low. Before you spend money compiling a record and writing a brief, you deserve a candid assessment of your realistic chances and what is at stake. We will tell you what we think, not what you want to hear.

We invite you to schedule a consultation. We are located in Midtown Manhattan, New York City, and handle appeals from trial courts across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, Suffolk County, and Westchester County. Because appellate deadlines are strict, contact us promptly — by phone at 212-233-1233 or by email at [email protected] — to discuss whether an appeal makes sense for you.