Trial courts are not always right. Thousands of civil appeals are successfully litigated every year. If you already have experience with the legal system and need representation in appellate courts of the New York State Supreme Court, Mr. Athari has experience handling dozens of appeals in the Third and Fourth Judicial Departments of New York State Supreme Court. Appeals start with the filing of a notice of appeal, and there are strict time limits to file such a notice and to perfect your appeal. Athari & Associates handles all aspects of civil appeals.
Athari & Associates also has experience with appeals to the New York State Court of Appeals. Civil cases in New York State are only permitted to be heard at the highest court with permission of either the appellate division or the court of appeals. The process starts with a motion made to these courts. There are strict timelines to make such a motion. The chances of having a civil case heard by the New York State Court of Appeals is very small.
One of the major obstacles to success in a civil appeal is the content of the record on appeal. Appellate courts are limited to what was argued before the trial court and may only consider evidence that has been included as a part of the record. It is very difficult to expand a record on appeal to include further evidence or to argue a point of law that was not previously litigated before the trial court.
Mr. Athari can give you a fair assessment of your chances of success on appeal. Given the low chance of success on appeal and the enormous cost of litigating an appeal, it is imperative to review all options available, and to make an informed decision about what legal option is most appropriate. During litigation, it is important to consider all options and even sometimes to obtain a second opinion about the right path forward.