NEW YORK CITY & WESTCHESTER APPELLATE LITIGATION ATTORNEY
Experienced Family Law Appeals Representation
New York City and Westchester courts are some of the busiest in the nation, so it’s no surprise that overwhelmed judges make quite a few mistakes. Judges have a responsibility to accurately apply the law to the facts for every case, and when they fail to do so, there are grounds for an appeal. Appealing cases for review by higher courts is no simple matter, so it’s important to hire a New York City and Westchester appellate litigation attorney with a great deal of experience handling family law appeals. You can count on GourariLaw to expertly draft your appellate brief and to deliver compelling oral arguments on your behalf.
If you’re not happy with a court’s decision, don’t waste your time and energy wondering whether there are grounds for an appeal. The experienced New York City and Westchester appellate law attorneys at GourariLaw can review your case to determine whether you are likely to be successful with an appeal.
What Can Be Accomplished With An Appeal?
A family law judgment or decision of the Supreme Court of the State of New York, is subject to review by the Appellate Division of the Supreme Court. In order to be successful in overturning the lower court’s decision, you must prove that the judge abused their discretion by misapplying the law or misconstruing the facts in your case. If the Appellate Division decides in your favor, they have the power to vacate or modify the judgment or order and:
- Issue the Order they believe should have been made or
- Refer the case back to the lower court for a new determination with some direction.
If you believe the judge abused their discretion, it’s important to speak to an experienced New York City appellate litigation attorney as soon as possible.
What Types of Orders and Judgments Can Be Appealed?
You have a right to appeal any order of judgment of the lower court, but you are much more likely to be successful with an appeal on a final order. The Appellate Division frowns on appeals of temporary (pendente lite) awards and will rarely overturn these orders on appeal. Under the Child Supports Standards Act, child support orders can only be overturned where the lower court failed to properly apply the statutory numeric formula or reflect on why a departure was merited based on the facts. These are some of the other types of orders and judgments that are subject to appellate review:
- Equitable Distribution,
- Counsel Fees and
- Child Custody
If you’re not happy with a court’s decision, don’t waste your time and energy wondering whether there are grounds for an appeal. The experienced New York City and Westchester appellate law attorneys at GourariLaw can review your case to determine whether you are likely to be successful with an appeal.
What Types of Orders and Judgments Can Be Appealed?
You have a right to appeal any order of judgment of the lower court, but you are much more likely to be successful with an appeal on a final order. The Appellate Division frowns on appeals of temporary (pendente lite) awards and will rarely overturn these orders on appeal. Under the Child Supports Standards Act, child support orders can only be overturned where the lower court failed to properly apply the statutory numeric formula or reflect on why a departure was merited based on the facts. These are some of the other types of orders and judgments that are subject to appellate review: