What is an appeal?
It is a challenge to an order or judgment of a trial court or administrative agency by one or more parties. The aggrieved party, called the “appellant,” seeks to convince a panel of appellate judges that errors occurred and the result should be changed, whereas the victorious party, called the “respondent” in state court appeals, seeks to uphold the result.

What are the advantages of having an appellate attorney do my appeal?
There can be several advantages. First, the appellate attorney will review the case with a fresh, objective perspective. Second, the appellate attorney will learn the case in the same way that a panel of appellate judges will: based on what is in the record on appeal. Third, the appellate attorney will be able to effectively research and write the brief and orally argue the appeal, and will be familiar with the complicated appellate rules and protocols. Fourth, the appellate attorney may be able to do the appeal most efficiently.

How does the appellate process begin in New York State court appeals?
A short document called a notice of appeal must be served and filed, usually within 30 days, in order to preserve the right of the appellant to take an appeal.  In some cases, the appellant must also file a modest filing fee and a pre-calendar statement that is used by the court to decide whether a conference will be scheduled to encourage resolution of the case by settlement.

What is the record on appeal?
The record consists of all of the relevant documents that were reviewed in the trial court before the ultimate decision was rendered.  If there was a trial, the record would consist primarily of the trial transcripts and exhibits that were received in evidence.  Generally, no new evidence or facts may be brought to the appellate court’s attention; the appeal is based on the record of proceedings that took place in the lower court.

What is the purpose of an appellate brief?
Ideally, each party’s brief should present a clear and compelling summary of relevant facts and persuasive legal arguments about why the trial decision was right or wrong. Often legal arguments analogize similar cases to your own situation and seek to convince the appellate judges that such precedents command the same result in your case.  

What happens at oral argument?
The attorneys for both parties are given an opportunity to appear before a panel of the judges assigned to the appeal. They present their strongest arguments and answer questions from the judges. 

How long does the appeal process take?
It takes many months.  After the appellant files the record and brief, the respondent will typically be given six weeks to do his or her brief, and a month or so after that, oral argument will occur. Within two to three months after oral argument, a decision will be handed down.

I am appealing from a judgment that orders me to pay a certain sum of money. Do I have to pay the money while the appeal is pending?
Yes, any order or judgment being appealed from remains in full force and effect while an appeal is being considered. However, in some cases, including when a sum of money is involved, you can get an automatic stay, suspending enforcement of the order or judgment being appealed. In other cases, you can make a motion for a discretionary stay.

What if I take an appeal from the trial court to the Appellate Division and then lose?  Is there anything else I can do?
There is a second possible level of appeal in the New York state court system.  In most cases, however, you can only appeal again if permission is granted, and that happens in only a small fraction of cases.        

How much does an appeal cost?
That depends on the appeal and the attorney. The factors that will influence how demanding and expensive the appeal will be include the size of the record, the number and complexity of legal issues to be argued, and how many meetings are needed with the client and the trial attorney. The primary factor that will influence what an individual attorney charges per hour is how much experience he or she has.  A low fee may be a good deal or may reflect the attorney’s inexperience. A high fee may be excessive or may reflect the attorney’s experience and quality. The Rules of Professional Conduct prohibit attorneys from charging an excessive fee.  

How can I contain the costs of the appeal?
Some appellate attorneys do appeals on a fixed-fee basis.  They estimate how much time the appeal will likely take, multiply by their hourly rate, and quote a fee, which will not change even if the time spent exceeds the hours estimated. This can offer a distinct advantage over a straight hourly rate, which can result in far greater fees than the client originally envisioned or can afford.  Another significant expense is the cost of transcribing the trial proceedings. Persons of modest means with appeals involving certain topics may be able to obtain free appellate representation from an attorney who is assigned by the court or who volunteers at the New York State Bar Association Pro Bono Appeals Program.       
    
What further advice can you offer?
While taking an appeal is a complex, time-consuming, and expensive process, it can be an effective way to correct serious errors. Your attorney is in the best position to advise you about the specifics of your appeal and how to proceed.