Manhattan Appeals Attorney

The Law Offices of Albert Goodwin, PLLC, is based in Midtown Manhattan and handles appeals arising from the trial courts of New York County. An appeal is not a new trial. There are no new witnesses and no new evidence. Instead, a higher court reviews the record made below and the parties’ written arguments to decide whether the trial court committed an error of law or reached a result that the record cannot support. Because appellate work is governed by strict deadlines and its own body of procedural rules, it is a distinct discipline from the litigation that produced the original judgment.

If you litigated a case in Manhattan and received an unfavorable decision — or if you prevailed and now need to defend your judgment on appeal — understanding where your appeal goes and how long you have to start it is the first step. For a general overview of how appellate review works in this state, see our explanation of the appeals process in New York.

Where Manhattan Appeals Are Heard

New York County is part of the First Judicial Department, and the appellate court that hears your case depends on which trial court issued the decision you want to challenge.

Appeals to the Appellate Division, First Department

Decisions of the Supreme Court, New York County — the principal trial-level court for civil matters in Manhattan — are appealed to the Appellate Division, First Department. The same is true of decisions from the New York County Surrogate’s Court, which handles estate and trust litigation, and from the New York County Family Court. The First Department sits in Manhattan and reviews both final judgments and, in many instances, intermediate orders entered along the way.

Appeals to the Appellate Term, First Department

Not every Manhattan case begins in Supreme Court. Lower-court civil and criminal matters — cases heard in the New York City Civil Court and the New York City Criminal Court in Manhattan — are appealed instead to the Appellate Term, First Department. The Appellate Term is a separate appellate court that exists specifically to review decisions from these lower courts, and identifying the correct court at the outset is essential because filing in the wrong court can waste time you do not have.

Federal Appeals from Manhattan

Federal cases filed in Manhattan are decided in the United States District Court for the Southern District of New York (SDNY), whose courthouses sit in Lower Manhattan. Appeals from final judgments of the SDNY are taken to the United States Court of Appeals for the Second Circuit, which sits at Foley Square in Manhattan. Federal appellate practice is governed by the Federal Rules of Appellate Procedure, a separate framework from the state rules that apply to cases in the Appellate Division and Appellate Term.

The Kinds of Appeals We Handle

We represent both appellants, the party challenging a decision, and respondents, the party defending it. We handle appeals throughout Manhattan in the following areas:

• Civil appeals — appeals from money judgments, contract disputes, real property and title matters, and a broad range of general civil litigation decided in the Supreme Court, New York County.
• Surrogate’s Court appeals — appeals from contested probate, will challenges, accounting disputes, and other estate and trust matters decided in the New York County Surrogate’s Court.
• Family Court appeals — appeals from custody, visitation, support, and related determinations of the New York County Family Court.

The 30-Day Deadline to Appeal

In a typical New York civil case, the notice of appeal must generally be filed within 30 days after you are served with a copy of the judgment or order together with written notice of its entry. This deadline is jurisdictional, which means the appellate court has no authority to extend it for good cause once it has passed. Missing it can permanently forfeit your right to appeal, regardless of how strong your arguments would have been. The 30-day notice of appeal is the document that preserves your right to be heard, and it is short, but it must be filed correctly and on time. You can read more about it on our page about the notice of appeal as part of the broader New York appeals process. Because the clock can start running the moment you are served, there is real value in consulting an appellate attorney early rather than waiting.

Direct Attorney Involvement

When you retain our firm, Albert Goodwin, Esq., is personally involved in your appeal. Appellate work turns on close reading of the trial record, careful legal research, and persuasive written argument, and that work is not delegated away. The attorney who studies your record is the attorney who writes your brief and, where the court permits, presents oral argument. We give honest assessments rather than inflated promises. Most appeals result in the lower court’s decision being affirmed, and reversal rates are generally low, so we will tell you candidly whether your case presents an issue worth pursuing on appeal before you invest in the process.

Appellate deadlines in Manhattan are strict and unforgiving, and the 30-day window to file a notice of appeal can close quickly. If you are considering an appeal from a New York County trial court, contact the Law Offices of Albert Goodwin, PLLC, promptly. Call us at 212-233-1233 or email [email protected], or reach us through our contact page, to discuss your case.