Staten Island Appeals Attorney

If you have received an unfavorable decision from a trial court on Staten Island, you may have the right to ask a higher court to review it. The Law Offices of Albert Goodwin, PLLC, handles appeals from the trial courts of Richmond County, representing both appellants — the party challenging a decision — and respondents — the party defending one. An appeal is not a new trial. There are no new witnesses and no new evidence; instead, an appellate court examines the existing record and the parties’ written arguments to decide whether the lower court committed an error that affected the outcome. Because appellate practice runs on strict deadlines and specialized procedural rules, it is a distinct discipline from the litigation that produced the original judgment.

Appeals From Staten Island Trial Courts

Staten Island is coextensive with Richmond County, and like the rest of New York City it is served by several different trial courts. Which court issued your decision determines where your appeal is heard. Our firm handles appeals arising from matters decided in Richmond County, and we evaluate at the outset exactly which appellate court has jurisdiction over your case.

The Appellate Division, Second Department

Decisions of the Supreme Court, Richmond County, as well as the Richmond County Surrogate’s Court and the Richmond County Family Court, are appealed to the Appellate Division, Second Department. The Second Department is the intermediate appellate court for Staten Island, Brooklyn, and Queens, along with Nassau, Suffolk, Westchester, and several other downstate counties. Most final judgments from these courts are appealable as of right, meaning you do not need permission to bring the appeal; other rulings can be appealed only by permission, or leave, of the court. Identifying which category your decision falls into is one of the first questions we address.

The Appellate Term, Second Department

Not every appeal goes to the Appellate Division. Appeals from the lower civil courts — the New York City Civil Court and the New York City Criminal Court sitting on Staten Island — are heard by the Appellate Term, Second Department. The Appellate Term is a separate appellate court that reviews decisions from these lower courts in Richmond, Kings, and Queens counties. If your matter was decided in Civil Court or Criminal Court rather than in the Supreme Court, the route of appeal and the applicable rules differ, and it is important to direct the appeal to the correct court.

Federal Cases Arising on Staten Island

Civil cases arising on Staten Island that are filed in federal court are decided in the United States District Court for the Eastern District of New York (EDNY), which covers Staten Island, Brooklyn, Queens, and Long Island. Appeals from final decisions of the EDNY are taken to the United States Court of Appeals for the Second Circuit in lower Manhattan. Federal appeals are governed by the Federal Rules of Appellate Procedure, which differ in important respects from the rules that apply in the state courts.

Types of Appeals We Handle

We handle the civil and family appeals that most often arise from Staten Island’s trial courts, among others:

• Civil appeals — appeals from money judgments, contract disputes, personal injury verdicts, real property and title disputes, and a broad range of general civil litigation decided in the Supreme Court, Richmond County, or the lower civil courts.
• Surrogate’s Court appeals — appeals from decisions of the Richmond County Surrogate’s Court in contested estate, will, trust, and accounting matters, including will contests and disputes among beneficiaries and fiduciaries.
• Family Court appeals — appeals from decisions of the Richmond County Family Court in custody, visitation, support, paternity, guardianship, and related matters.

To understand how appellate review unfolds from start to finish, see our overview of the appeals process in New York.

The 30-Day Notice of Appeal Deadline

An appeal begins with the filing and service of a notice of appeal, and this is where many appeals are lost before they ever start. In most civil cases, the notice of appeal must be filed within 30 days after service of the order or judgment with written notice of its entry. This deadline is jurisdictional, which means the courts have no power to extend it once it has passed — even a single day late will ordinarily defeat the appeal entirely.

Because the clock generally starts running from service of the notice of entry, it is critical to act quickly after an adverse decision. If you have just received an unfavorable ruling from a Staten Island court, you should consult an appellate attorney right away so the notice of appeal can be filed in time and your right to appeal is preserved. Federal appeals run on their own clock — generally 30 days under the Federal Rules of Appellate Procedure, or 60 days when the United States is a party.

A Direct-Attorney Approach

When you work with our firm, you work directly with Albert Goodwin, Esq., the attorney who handles your appeal — not a rotating cast of associates or paralegals. Appeals are won on the strength of the written briefs, where the trial court’s errors are identified and argued with precise citations to the record and to legal authority. That work requires close, hands-on attention to the details of your case, and we believe it is best done by the attorney who knows the record. We will also give you a candid assessment of your prospects at the outset. Most appeals result in the lower court’s decision being affirmed, and reversal rates are generally low, so we discuss realistic expectations before you commit to pursuing or defending an appeal.

Speak With a Staten Island Appeals Attorney

Because the deadline to file a notice of appeal is strict and jurisdictional — generally just 30 days from service of notice of entry — it is important to act without delay. The Law Offices of Albert Goodwin, PLLC, located in Midtown Manhattan, represents appellants and respondents in appeals from Staten Island and throughout New York City. To discuss your case, call us at 212-233-1233, email email@appealappeal.com, or visit our contact page.