N. Appeals

Question 1

What may appeals from final judgment bring up for review?

Answer 1

Non-final judgment/order
- Necessarily affecting final judgments

Incidental rulings at trial

• Evidentiary rulings
• Where Appellant objected/NO opportunity to object

Question 2

What type of issues may Court of Appeal/Intermediate Appellate Court hear on appeal?*

Answer 2

CoA
- Questions of law

Intermediate Appellate Courts

• Questions of law
• Questions of fact

Question 3

What is required for making an appeal?*

Answer 3

1) Take appeal as of right within 30 days after service of judgment/order appealed to Party

2) Serve Notice of Appeal to Party, including;
- Name of Party taking appeal
- Judgment/Order appealed
- Court to which Appeal is taken
- Initial informational statement

3) File Notice of Appeal at office where judgment/order entered

Such time limits are NOT amendable!!!

Question 4

What type of orders may appeal be taken to Court of Appeals?

Answer 4

Appellate Division Orders

• Finally determining action originating in Supreme Court/County Court/Surrogate’s Court/Family Court/Court of Claims/Administrative agency + Dissent by at least 2 justices on question of law
• Finally determining action involving construction of NY/Federal Constitution
• Finally determining action involving validity of NY/Federal Statute

Question 5

What type of judgments/orders are appealable to Appellate Division?*

Answer 5

Final/Non-Final Judgments OR Intermediate Orders

1) Non-Final Order must result from motion made on notice
2) Non-Final Order must ‘necessarily affect’ Final Judgment

Question 6

When is Appeal deemed dismissed?*

Answer 6

After 6 months from appeal

Question 7

What is the time limit for vacating dismissal for failure to perfect appeal?*

Answer 7

Within 1 year from dismissal