Legal Question in Civil Litigation in New York

How much time do you have to appeal a civil law suit and on what grounds do you need to process an appeal?


Asked on 8/05/11, 2:30 pm

1 Answer from Attorneys

Michael Haber Law Offices of Michael S. Haber

An appeal, from an order or judgment of either a state or federal court, must genearlly be commenced within 30 days from the date of the order or judgment, or from notice of entry. The time limit is different if, say, it is an appeal to a U.S. District Court of a Magistrate Judge's recommendation. In certain circumstances, such as a motion for reargument or renewal, that time period may be extended.

It is difficult to answer any questions about the grounds of a particular appeal without knowing a single thing about the order or judgment from which you wish to appeal. For the moment, suffice it to say that there must be some error by the court below.

Appeals are tricky things and you would do well to immediately consult with an attorney, rather than rely on the two paragraphs above. I would also urge you to hire an attorney to represent you because negotiating appellate procedure for a non-lawyer is somewhat akin to a blindfolded person taking a leisurely stroll among landmines.

Good luck to you.

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Answered on 8/05/11, 6:33 pm


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