New York Appeal Process Explained

Summary

An appeal is valid if the New York State Court of Appeals issues a decision and order. If the appellate court refuses to change its decision, options include seeking a rehearing, filing a motion for permission to appeal, or exploring alternative remedies. Federal appeals require a final decision, but exceptions exist for substantial federal questions. Mandamus relief can compel a court to act, but jurisdiction is crucial. If the district court lacks jurisdiction, other legal avenues should be explored. Consider consulting an attorney for personalized guidance.

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yes, what does it mean if the decision reads: ORDERED, that the motion, insofar as it seeks leave to appeal from (*) so muchof the October * Appellate Division order as affirmed so much of the Supreme Court orders in the matrimonial action as awarded arrears and attorneys’ fees related thereto,and (*) so much of the additional October * Appellate Division order as resolved theFamily Court Act article * request for modification and for an award of overpayments, is denied; and it is further ORDERED, that the motion for leave to appeal from the December * Appellate Division orders and the remaining portions of the October * orders are dismissed upon the ground that they do not finally determine an action or proceeding within the meaning of the Constitution; and it is further ORDERED, that the motion ancillary relief is dismissed upon the ground that the Court lacks jurisdiction to entertain it (see NY Const, art VI, § *).
The court's decision means:
- Your request to appeal parts of the October * order related to arrears and attorneys’ fees is denied.
- Your request to appeal the December * orders and the remaining parts of the October * orders is dismissed because they don't finally resolve the case.
- Your request for additional relief is dismissed because the court lacks jurisdiction.
Do you need help with the next steps or understanding a specific part of this order?
can you expand more on your statement that Your request to appeal the December * orders and the remaining parts of the October * orders is dismissed because they don't finally resolve the case.
Sure!
- In New York, appeals can generally only be made on final orders or judgments that resolve the entire case.
- The court dismissed your appeal of the December * orders and parts of the October * orders because these orders did not resolve all aspects of the case.
- This means there are still issues or proceedings ongoing in your case, so the orders are not considered "final" and therefore not eligible for appeal.
Would you like assistance with the next steps or understanding another aspect of your case?
so is the court of appeals saying the non-final orders must be taken back to the appellate court
Yes, the Court of Appeals is indicating that because the orders are not final and do not fully determine the case, you cannot appeal them to the Court of Appeals. Instead, you may need to continue addressing these issues in the lower appellate court (Appellate Division) until a final order is issued.
Would you like guidance on how to proceed with the ongoing proceedings in the Appellate Division?
what if the appellate court refuse to change its decison
If the Appellate Division refuses to change its decision, you have a few options:
- Seek a rehearing or reconsideration in the Appellate Division.
- File a motion for permission to appeal to the New York State Court of Appeals.
- Explore alternative legal remedies or settlements.
Would you like more details on any of these options?
if i then go back to the court of appeals won't they just dismiss it again
If the Appellate Division refuses to change its decision and you seek permission to appeal to the New York State Court of Appeals, they may dismiss it again if the orders are still not final. You might need to focus on resolving all pending issues in the lower courts first.
Would you like more information on how to resolve these pending issues?
what if no matter what i present to the appellate courts they decide not to change their decision, despite the court of appeals saying the decisions are non-final
You may consider these options:
- Rehearing/Reconsideration: Submit a motion for rehearing in the Appellate Division.
- Alternative Remedies: Explore mediation or settlement options.
- Consult an Attorney: Seeking further legal advice might help navigate complex appellate procedures.
Would you like more information on any of these options?
i have explored all options in the appellate division multiple times and they still refuse to address the legal issue, what can i do
You might consider filing a federal appeal if your case involves constitutional issues or federal law. Alternatively, you could file a complaint against the court's handling of your case with the New York State Commission on Judicial Conduct. Consulting an attorney for further guidance is also recommended.
Do you need more details on either of these options?
where would i need to file the federal appeal as my case involves constitutional issues
You would need to file your federal appeal with the United States Court of Appeals for the Second Circuit, as New York falls under its jurisdiction.
Would you like more details on how to proceed with filing a federal appeal?
yes, and are there timing restrictions
Yes, there are timing restrictions for filing a federal appeal. Typically, you have 30 days to file a notice of appeal after the final judgment.
Would you like more details on the steps to file your appeal with the United States Court of Appeals for the Second Circuit?
the problem is that the ny court of appeals says the decisions are non final, so how can i ever appeal if the decisions are non final
In federal court, you generally need a final decision to appeal. If your state court decisions are non-final, you might not yet be eligible for a federal appeal. Consider consulting with an attorney to explore if there are any exceptions or alternative legal strategies you can pursue. Would you like more details on potential exceptions?
are state court decisions considered final in the US court of appeals, in after an appellate decision, even though the ny court of appeals says they are non-final
In general, state court decisions must be final to be appealed to the U.S. Court of Appeals. If the New York Court of Appeals deems the decisions non-final, you typically cannot appeal them federally. However, there are exceptions, such as if certain federal questions are involved.
Would you like to know more about these exceptions?
yes
Exceptions that might allow you to appeal a non-final state court decision to the U.S. Court of Appeals include:
- Collateral Orders: If the order conclusively determines an issue separate from the main action and is effectively unreviewable on appeal from a final judgment.
- Federal Questions: If the case involves substantial federal issues that require immediate resolution.
Would you like more details on how these exceptions apply to your case?
yes, especiall as it pertains to federal questions
If your case involves substantial federal questions, you might be able to appeal a non-final state court decision under certain circumstances:
- Collateral Orders: Orders that resolve important issues separate from the main case and are unreviewable after final judgment.
- Federal Questions: Cases involving significant federal issues that require immediate resolution.
Would you like more details on how to identify and argue these federal questions in your appeal?
please expand more on Cases involving significant federal issues that require immediate resolution.
Sure, here are key points about cases involving significant federal issues that require immediate resolution:
- Substantial Federal Question: The issue must involve a significant federal law or constitutional question.
- Immediate Resolution: The matter must be urgent and cannot wait until the case is fully resolved in state courts.
- Irreparable Harm: You must demonstrate that waiting for a final decision would cause irreparable harm.
Would you like assistance on how to prepare your argument for such an appeal?
what are my state options if the ny appellate court refuses to address remaining legal issues as pointed out by the ny court of appeals
If the NY Appellate Division refuses to address remaining legal issues, you may consider the following state options:
- Motion for Rehearing/Reconsideration: Request the Appellate Division to reconsider their decision.
- Seek Mandamus Relief: File a petition for a writ of mandamus, asking a higher court to compel the Appellate Division to act.
- Judicial Conduct Complaint: File a complaint with the New York State Commission on Judicial Conduct regarding the handling of your case.
Would you like more details on any of these options?
tell me more about mandamus relief to compel the appellate division
Mandamus relief involves a higher court ordering a lower court or government official to fulfill their duties. In your case, it could compel the Appellate Division to address unresolved legal issues. Typically:
- You must show a clear legal right to the relief sought.
- You need to prove no other adequate legal remedies exist.
- The duty in question must be ministerial (non-discretionary).
Would you like more details on how to file a petition for mandamus relief?
yes, how and where would the mandamus request be filed
To file a petition for mandamus relief in New York, follow these steps:
*. Draft the Petition: Clearly state the legal right and the duty that needs to be compelled.
*. File in the Correct Court: File the petition with the New York Supreme Court, Appellate Division.
*. Serve the Petition: Serve the petition to the opposing party.
Would you like more details on how to draft the petition?
the appellate court is the court that is not complying so why would i file the mandamus there
If the Appellate Division is not complying, you would file a petition for a writ of mandamus in the New York Court of Appeals or potentially in a federal court, depending on the specifics of your case.
Would you like more details on how to draft this petition?
i have asked the court of appeal to step in yet they refuse to address the problem and just keep sending me back to the appellate court, what can i do
If the New York Court of Appeals refuses to step in and keeps redirecting you back to the Appellate Division, you might consider the following options:
- Federal Court: File a petition for a writ of mandamus in the federal court if your case involves federal law or constitutional issues.
- Judicial Conduct Complaint: File a complaint with the New York State Commission on Judicial Conduct regarding the handling of your case.
Would you like more details on filing a federal petition for a writ of mandamus?
in which federal court would i file the mandamus/
You would file a petition for a writ of mandanus in the United States District Court for the district that includes the state court. For New York, it would typically be the U.S. District Court for the Southern District of New York or the Eastern District of New York, depending on the location of your case.
Would you like more details on how to file this petition?
i believe my district is the northern district court so is that where i would file the mandamus
Yes, if your case falls under the jurisdiction of the Northern District of New York, you would file your petition for a writ of mandamus there.
Would you like more details on how to draft and file this petition?
yes
To draft and file a petition for a writ of mandamus in the Northern District of New York, follow these steps:
*. Draft the Petition:
- Clearly state the legal right you are asserting.
- Specify the duty that the Appellate Division has failed to perform.
- Provide evidence that no other adequate legal remedies exist.
*. File the Petition:
- Submit the petition to the U.S. District Court for the Northern District of New York.
- Pay the required filing fee.
*. Serve the Petition:
- Serve the petition to the opposing party and relevant state court officials.
Would you like more details on the specific content to include in your petition?
yes
To draft and file a petition for a writ of mandamus in the Northern District of New York, your petition should include:
- Introduction: Briefly outline the facts of your case.
- Jurisdiction and Venue: State why the Northern District of New York has jurisdiction.
- Parties: Identify all parties involved.
- Statement of Facts: Detail the relevant facts that led to this petition.
- Legal Argument: Explain the legal basis for your request and cite relevant laws or precedents.
- Prayer for Relief: Clearly state the specific relief you are seeking from the court.
Would you like assistance on how to structure each section of your petition?
can i file a mandamus in the district court if it says it does not have jurisdiction over my case due to subject matter
You cannot file a mandamus in a district court if it lacks jurisdiction over your case due to subject matter. You need to ensure the court has the appropriate jurisdiction before filing. Consulting an attorney to explore other legal avenues or jurisdictional challenges might be beneficial.
Would you like guidance on finding an attorney or exploring other legal options?