Civil Appeals in New York State Courts

Civil Appeals in New York State Courts

12.16.2022

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Summary

How does the appeal process begin?

What is an appeal?
If you believe that any errors were committed by the court in the proceedings in your case, you may have the right to ask a higher court to review the lower court’s determination.

How does the appeal process begin?
In most cases, taking an appeal refers to serving a notice of appeal on the opposing party, filing it and paying any required filing fee, or the issuance of an order granting leave to appeal. The notice identifies all parties involved in the case and sets forth the nature of the appeal.

Are there time limits for pursuing an appeal?
You must serve and file your notice of appeal or motion for permission to appeal within 30 days. If you fail to comply, your appeal will be dismissed.

How is an appeal decided?
After the appellate court has reviewed the briefs and record, and where necessary, heard oral argument, it will issue a written order and decision. The lower court determination will be affirmed, reversed or modified.

For more information
The rules of the Court of Appeals, New York’s highest court, and each of the Appellate Divisions are avaialble online or in the respective clerks’s offices. For more information, please visit www.nycourts.gov/courts