Appellate Lawyer in Hudson Valley

Appealing A Courts Decision?

Appealing a lower court’s decision is often considered one of the most difficult aspects of the law as you are trying to overturn a decision that has already been made by a Court/Jury. It requires a keen legal mind that understands not only the law but how a judge determines a ruling and the true intent of the law as it is written. At the Law Office of Kelley M. Enderley, PC we are experienced in drafting appeals. Appeals are filed through a written Appellate Brief that summaries the case, the issues involved and then applies the law to the facts of the case as they were presented in the lower court. Only after all sides to an action have submitted the Appellant Brief and the Responsive Appellate Brief will oral arguments be scheduled before the court. Oral arguments are scheduled to take place in one of the 4 Appellate Divisions in New York State (depending on the area that the lower court proceeding took place in) and are for a brief period ranging between 5-15 minutes. Litigants are generally not present for oral argument as only attorneys may present information to the Court, which is a panel of judges who will thereafter decide on your case. Should you not be successful in the Appellate Division you may have the opportunity to request that your matter be heard by the New York State Court of Appeals. This process is intricate and time-consuming whereby it can take months or years to conclude. However, emergency applications requesting a stay of an order from the lower court may be granted pursuant to a special filing.

You Can Come to Our Law Firm for Help Filing an Appeal For:

• Family law disputes
• Contested divorce rulings
• Verdicts in criminal defense cases
• Civil litigation conclusions

Filing an appeal will be intricate and time-consuming. Some may take months or even years to conclude. If you believe you need to appeal a court’s decision, there is no time to lose.

Unique Nature of Appellate Cases

Not every lawyer or legal professional will be able to handle an appellate case. This is not detrimental to their skill, however, but actually just speaks for the complexity of appealing a court’s judgment. In order to ensure she does the most for her clients, Attorney Kelley Enderley thoroughly reviews all applicable prior court appearances and case law before summarizing it concisely for the court.

The body of appellate cases is not the prowess and courtroom presence of an attorney but rather it is how laws appear on paper. Appealing a case is not about evidence but instead about errors. By taking the time to study previously decided Appellate Division and Court of Appeals cases and how they should apply to your own case, our firm can present a clean, understandable, and logical reasoning to the higher court.

Punctuality and Penmanship Count in Appeals

It might seem unusual to many but the incredibly strict nature of appellate cases means that every portion of an appeal is important, right down to the typeface and font size. With almost fifteen years of experience managing difficult appeals, you can rest comfortably in knowing that Attorney Enderley knows exactly what to do when creating your appeal, from the table of contents and cover page to when the paperwork must be filed and to what office.