Legal Question in Appeals and Writs in New York

Appealing a Supreme Court Divorce Decision

When appealing a Supreme Court divorce decision, what issues are allowable? etc. ill-prepared attorney for the plaintiff? Hidden assets by the defendant? Does adultry by the defendant have any bearing on monetary issues? Net worth statement by the defendant fabricated? Can Large valuable Stocks purchased by defendant during cohabitation with wife prior to marriage and carried in to marriage of 15 yrs. be addressed as marital assests? Is the decision that the Marital home habitant by wife/children limited to 2 yrs. an unfair decision? If the judge was angered by plaintiff's attorney a sound reason to question a decision? How will a new appealing lawyer address the decision?

Asked on 2/04/02, 12:52 pm

1 Answer from Attorneys

Daniel Clement Law Offices of Daniel Clement

Re: Appealing a Supreme Court Divorce Decision

An appeal must be based based upon an error that was presented in the court below. Arguing that the Net Worth statement was fabricated is not the type argument made on appeal. The issue must be that as a matter of law, based upon the evidence presented, the ruling was wrong.

Daniel Clement

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Answered on 2/04/02, 1:46 pm

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