3110 Delaware Ave, Kenmore, NY 14217 | (716) 803-8166

APPEALS

Appeals are a complicated area of law that requires both insight into trial practice and a nuanced understanding of appellate case law. We handle civil and criminal appeals, as well as criminal post-conviction collateral challenges on a selective basis.

As a client, the decision to appeal a case is based on many factors, and choosing an appeals lawyer should reflect these factors. For some, it can involve the desire to correct a feeling of being wronged by the system or unfairly sentenced. For others, it can involve being dragged into an appeal to protect a seemingly hard-won trial court result. In the criminal justice system, convicted defendants have a number of options to challenge their conviction beyond just direct appeals, such as federal writs (habeas corpus, coram nobis) and New York CPL 440 motions to challenge a conviction based on what might have happened outside the trial record.

Our appellate practice results speak for themselves. We obtained, for example, reversal of a federal district court’s dismissal of a plaintiff’s Americans with Disabilities Act and Rehabilitation Act claims for improper dismissal from medical school. The resulting appellate decision established the standard to which an educational institution must now adhere – and the case is cited repeatedly by other courts around the country. We have beaten the world’s largest corporation’s “go-to” big-city, top law firms in strategic appellate environmental litigation to stop the building of the last Wal-Mart in New York State. Our cases have made it to New York’s highest court (the Court of Appeals), and the nation’s highest court (the United States Supreme Court). We are also called upon by well-known attorneys in the community to review cases for a possible appeal and, where necessary, draft those appeals for their clients – for cases involving charges as serious as homicide.

If you are unhappy with the result obtained in your case, or, on the other hand, vigorously wish to protect a favorable decision being challenged by another party, we invite you to contact us to begin the discussion.

Types of Appeals Handled:

• New York State appeals
• Nationwide federal court appeals (all federal appellate courts)
• Criminal (post-sentence)
• Civil (post-judgment and interlocutory)
• Criminal post-conviction collateral (CPL 440, habeas corpus, coram nobis)
• Article 78 challenges and appeals
• Federal and state Agency appeals
• Appellate stand-by counsel for trials

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