Appellate Attorneys - Avoiding Major Pitfalls after You Lost Your Case

Posted on 23 March, 2015 at 15:00

As an appellate attorney, all too often I get telephone calls from a litigant who wants to appeal an adverse decision. In a perfect world, all these calls would be simple. A potential client will call and will have preserved his or her appellate rights. Unfortunately, more often than not, this is not the case. 


In almost all instances in New York, a Notice of Appeal must be filed within 30 days after Notice of Entry has been served. (As with all things, there are some exceptions which can shorten this deadline). If this document is not filed properly, a litigant loses his or her right to appeal. This is a hard and fast deadline. Unlike in other areas of life, this deadline cannot be ignored if you want to pursue an appeal. 


The excuses offered for not filing the Notice of Appeal by potential appellants are ample. The ones I most often hear are as follows: “I just couldn’t afford to appeal it at the time, but now I can;” “After the loss, I just wasn’t emotionally ready to pursue the appeal, but now I’m ready;” “I had no idea that I had to file anything;” and of course, my favorite non-excuse “I’m not worried about it. I’ve been in business for over 20 years and no one is going to hold you to such a tight deadline.”


As an appellate attorney, these excuses are not valid excuses for not filing your Notice of Appeal. If this was your reasoning for not pursuing your appeal within the statutory time frame, you have lost your right to appeal. Courts do not care about your state of mind. Courts do not care that you couldn’t afford to hire counsel at the time. They will tell you that you could have pursued the matter pro se. Courts do not care that you did not know that you had file papers. They will tell you that it is your responsibility to know. 


Another major hurdle in an appeal is the appellant who files the Notice of Appeal and now has to perfect the appeal by tomorrow. Upon filing the Notice of Appeal in New York, an appellant has either 6 months or 9 months to perfect an appeal. This depends on which department the appeal is being perfected. The reason that you are given months to perfect the appeal is that it takes months to perfect an appeal. No appellate attorney can file papers in one day. No appellate attorney can make a motion for more time in one day. If you wait until the day before you are required to perfect an appeal to contact appellate attorneys, you will miss the deadline to perfect your appeal and will lose your right to appeal your case. 


If you do want to proceed with an appeal, you need to make sure you do two things: (1) file and serve your Notice of Appeal within the prescribed deadline: and (2) seek appellate counsel immediately so that your appellate attorney has ample time to perfect the appeal. 


Written by:   Alexandra Siskopoulos, Esq. 

Telephone:   (646) 942-1798 

Email:           [email protected] 


If you have a civil appeal or criminal appeal and would like to speak with an appellate attorney at Siskopoulos Law Firm, LLP, contact us at either (646) 942-1798 or (617) 959-1628.

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Categories: Appellate Attorneys

Post a Comment


Oops, you forgot something.


The words you entered did not match the given text. Please try again.


Reply canada goose
20:20 on 17 January, 2021 
I intended to put you the tiny remark to finally give many thanks the moment again for your personal fantastic tactics you've shown in this article. This has been quite remarkably open-handed with people like you to present without restraint exactly what numerous people could have sold as an ebook to help with making some dough for themselves, mostly seeing that you could possibly have done it if you ever considered necessary. Those tips additionally acted as a fantastic way to know that someone else have a similar interest the same as mine to figure out a good deal more related to this problem. I believe there are many more pleasurable instances in the future for people who take a look at your blog.
canada goose
Reply golden goose shoes
20:21 on 17 January, 2021 
I precisely desired to say thanks again. I am not sure what I might have followed in the absence of those points contributed by you about this field. Completely was an absolute daunting difficulty for me, nevertheless observing this expert manner you treated it made me to weep for contentment. I am happier for your service and even wish you comprehend what an amazing job you are accomplishing training the others all through your blog. I am sure you have never come across any of us.
golden goose shoes
Reply nike x off white
20:21 on 17 January, 2021 
I simply wanted to say thanks all over again. I'm not certain the things that I would have implemented in the absence of the ways shared by you concerning my theme. It previously was a real horrifying condition for me personally, but witnessing a new specialised fashion you dealt with the issue took me to cry with fulfillment. I am just grateful for your guidance as well as wish you realize what a powerful job your are providing educating the mediocre ones thru your web page. I know that you've never come across all of us.
nike x off white
Reply supreme new york
20:21 on 17 January, 2021 
My wife and i were so excited Jordan managed to round up his researching through the precious recommendations he had from your site. It's not at all simplistic to just always be giving away secrets and techniques that many other folks might have been making money from. So we do understand we need the website owner to be grateful to for this. Most of the explanations you made, the easy site navigation, the relationships you can make it easier to create - it's mostly extraordinary, and it is leading our son in addition to us recognize that the issue is cool, which is certainly particularly mandatory. Thank you for everything!
supreme new york
Reply pandora jewelry
20:21 on 17 January, 2021 
Thank you so much for giving everyone such a breathtaking opportunity to read critical reviews from this website. It can be very sweet and full of a good time for me and my office fellow workers to visit your site really thrice in one week to read through the fresh secrets you have. Not to mention, I'm just certainly astounded with your astonishing things you serve. Certain 2 tips in this posting are indeed the most efficient I have had.
pandora jewelry
Reply off white nike
20:21 on 17 January, 2021 
Thank you so much for providing individuals with an exceptionally marvellous opportunity to read in detail from here. It is usually so enjoyable plus full of a great time for me personally and my office co-workers to visit your blog a minimum of three times in 7 days to study the new stuff you have. Of course, I'm also always motivated with your astonishing techniques you serve. Some 1 facts on this page are honestly the most effective I have ever had.
off white nike
Reply off white jordan 1
20:22 on 17 January, 2021 
I intended to put you this very small word in order to say thanks a lot as before just for the pleasing secrets you've shared in this case. This is so seriously generous with you to make without restraint what a few people would've advertised for an e-book to generate some dough on their own, and in particular seeing that you might well have done it in case you decided. These points additionally acted to be a easy way to know that other people have the same dream much like my personal own to see great deal more on the topic of this matter. I know there are many more enjoyable situations up front for folks who take a look at your website.
off white jordan 1
Reply kyrie 4
20:22 on 17 January, 2021 
I together with my friends ended up checking out the good solutions found on your site and so all of the sudden came up with an awful feeling I never expressed respect to the site owner for those techniques. All of the men had been totally excited to study them and have now very much been taking pleasure in those things. We appreciate you simply being really considerate as well as for using such essential subject areas millions of individuals are really desperate to learn about. My personal honest regret for not expressing gratitude to earlier.
kyrie 4
Reply curry 6
20:22 on 17 January, 2021 
I wanted to put you one little bit of note to give thanks the moment again regarding the remarkable solutions you've featured on this website. It was quite remarkably generous with you to supply freely just what most people would've offered for an ebook in order to make some cash on their own, certainly considering that you could possibly have tried it in the event you considered necessary. The advice in addition worked as a great way to realize that someone else have the identical dreams similar to mine to know whole lot more with regards to this problem. Certainly there are a lot more pleasant opportunities up front for individuals who go through your blog post.
curry 6
Reply supreme hoodie
21:36 on 17 January, 2021 
I'm just commenting to make you understand what a fine experience my friend's daughter experienced going through your webblog. She even learned a good number of things, not to mention what it's like to possess a very effective helping heart to get the rest just grasp specified grueling topics. You really surpassed people's expected results. Thanks for presenting these useful, dependable, explanatory and in addition unique tips on that topic to Jane.
supreme hoodie
Reply yeezy shoes
21:37 on 17 January, 2021 
I enjoy you because of all of the work on this web site. Ellie enjoys making time for investigations and it is obvious why. Almost all hear all concerning the dynamic means you present useful things via this blog and therefore welcome participation from others about this concept then our daughter is certainly discovering a lot of things. Have fun with the rest of the new year. You're the one performing a fabulous job.
yeezy shoes
Reply yeezy shoes
21:37 on 17 January, 2021 
I am just writing to make you understand of the useful experience my cousin's daughter enjoyed viewing your web site. She realized lots of pieces, including what it's like to have an amazing teaching mindset to have other individuals smoothly understand a number of very confusing subject matter. You actually surpassed my expected results. Thank you for displaying these invaluable, safe, revealing and in addition fun guidance on the topic to Evelyn.
yeezy shoes
Reply supreme hoodie
21:37 on 17 January, 2021 
I needed to write you this very little word to say thanks a lot as before over the unique basics you have documented on this page. It's certainly pretty generous with you to offer extensively all that many individuals would have made available as an electronic book to end up making some profit for themselves, even more so now that you might well have tried it in case you desired. Those concepts likewise worked to provide a easy way to understand that other people have similar dream like my personal own to understand significantly more around this problem. I'm certain there are thousands of more fun instances in the future for individuals who view your blog post.
supreme hoodie
Reply yeezy boost 350 v2
21:37 on 17 January, 2021 
I just wanted to jot down a simple message to be able to appreciate you for some of the unique advice you are sharing on this website. My particularly long internet investigation has at the end of the day been paid with pleasant ideas to write about with my family. I would repeat that most of us readers are very blessed to live in a superb community with many special professionals with very beneficial tactics. I feel somewhat happy to have used your webpage and look forward to really more brilliant times reading here. Thanks again for a lot of things.
yeezy boost 350 v2
Reply supreme clothing
21:37 on 17 January, 2021 
I have to show appreciation to the writer just for rescuing me from such a situation. After surfing throughout the world-wide-web and finding proposals which are not beneficial, I was thinking my entire life was gone. Living without the solutions to the problems you have sorted out as a result of the short article is a crucial case, as well as the ones which may have badly damaged my entire career if I had not noticed the blog. Your own expertise and kindness in maneuvering the whole lot was tremendous. I am not sure what I would have done if I had not come across such a solution like this. I can at this time relish my future. Thanks very much for this specialized and results-oriented guide. I won't think twice to recommend your blog to anybody who wants and needs guide on this subject matter.
supreme clothing
Reply yeezy boost
21:37 on 17 January, 2021 
I wish to express my passion for your generosity in support of individuals that must have assistance with your area of interest. Your very own commitment to passing the message across turned out to be especially invaluable and have all the time permitted employees like me to realize their dreams. Your amazing useful useful information denotes a great deal to me and additionally to my office colleagues. Thanks a lot; from all of us.
yeezy boost
Reply canada goose outlet
21:37 on 17 January, 2021 
Thanks so much for giving everyone an extremely nice chance to discover important secrets from this web site. It's usually very nice and also stuffed with a lot of fun for me personally and my office co-workers to visit your web site at a minimum three times in a week to read the new stuff you have got. And lastly, I am also actually satisfied with all the surprising hints you serve. Certain two points in this article are in reality the simplest I've had.
canada goose outlet
Reply yeezys
21:37 on 17 January, 2021 
I as well as my pals were actually going through the good pointers from the website and then the sudden I had a terrible suspicion I had not thanked the web site owner for them. All of the guys ended up as a result warmed to learn them and have now honestly been loving those things. Many thanks for being well thoughtful and also for getting these kinds of marvelous useful guides millions of individuals are really needing to learn about. Our own honest apologies for not expressing gratitude to you earlier.
Reply cheap jordans
21:37 on 17 January, 2021 
I precisely wished to thank you so much all over again. I do not know the things that I might have done without the entire concepts revealed by you over my area. It was before a frightening matter in my position, however , considering the expert fashion you processed it took me to cry with fulfillment. I am happy for this information as well as expect you realize what an amazing job you have been getting into instructing men and women using your web blog. More than likely you've never encountered any of us.
cheap jordans
Reply nike shox for men
1:23 on 21 January, 2021 
Thanks so much for providing individuals with such a superb possiblity to read from this site. It is always very enjoyable and jam-packed with a good time for me and my office fellow workers to search your web site at minimum three times in a week to read the fresh issues you will have. And indeed, I'm just usually amazed with the gorgeous tips and hints served by you. Some 4 ideas in this posting are surely the simplest I have had.
nike shox for men