New York Appellate Attorneys
Representing Appellants & Respondents Throughout the Tri-State Area
Receiving an unfavorable court decision is never easy. When a judge refuses to see your way in a legal conflict, you will need to consider all available legal options in order to protect your interests. This can include exploring strategies for appealing your case in the appropriate appellate court.
Our New York appellate lawyers at Rosenberg Fortuna & Laitman, LLP have proven to be valuable assets to clients and attorneys who have come to rely on our experience and resources. Our team is extremely well-versed in the appellate process and has represented both appellants and respondents in a number of different areas of the law.
We have appeared before:
- The United States Supreme Court
- The New York State Court of Appeals
- The New York State Supreme Court, Appellate Division
- The United States Court of Appeals for the Second Circuit
The Appellate Process
Our firm’s appellate team is available to consult with trial counsel both from within Rosenberg, Fortuna & Laitman, LLP and from other firms. We can assist with issues of trial strategy and procedure with an eye toward how those decisions will influence the ultimate outcome of the case both at trial and in the appellate courts.
Our appellate practice can then assist you in assessing the facts of your case and determine whether an appeal is likely to result in a favorable outcome. Appeals are not new trials: They do not hear new testimony or evaluate new evidence. Appellate hearings only review the decisions and procedures of the trial to ensure that the law was appropriately applied.
For this and other reasons, it is often advantageous to retain appellate representation during trial litigation. Our attorneys can work with your litigation team to best position you for a possible appeal should one become necessary.
It is important that you hire legal representation that is intimately familiar with handling appellate cases if you plan to appeal an adverse judgment. Appellate courts and hearings function differently than those of trial courts, and you will need lawyers that specifically understand how to position your case in an appellate setting.
Our appellate team can work with your litigation representation to help preserve your appellate rights and arguments. This step is especially important, as appellate courts will not consider most arguments unless they can be provided in a transcript. We can communicate with the trial court clerk to send the relevant filings to the appropriate appellate court and correct any errors or omissions in their records.
Once records are in place, we will research and develop the appellate brief that will serve as the foundation for your appeal. This involves meticulously examining the case records and uncovering errors that may have occurred during your trial. We use this information to write the brief itself, which functions as a persuasive argument on why a decision should be reconsidered or reversed. Briefs tend to involve frequent citations of precedent, statutes, administrative policies, and constitutions that support our argument.
After briefs are submitted, appellate attorneys typically participate in oral arguments before the court. In this final stage of the process, we will answer questions and hypotheticals presented by the judge or judges and make every effort to convince them of the veracity of our argument. The court will then confer and make a final decision.
We strive to make the appellate process as cost-effective for the client as possible. Our New York appellate attorneys’ skills, experience, and resources can augment your litigation efforts and help prepare you for the possibility of an appeal. We are considerate of and responsive to your needs and will always help you understand the full extent of your appellate options.
Our team has appellate experience in numerous practice areas, including:
- Real Estate
- Commercial Disputes
- Environmental Issues
- Complex Tax Issues