Appeals


An appeal is a request to a higher court, or appellate court, to review a decision or order by a lower court, or a trial court.

There are three things to keep in mind if you are considering filing a matrimonial or family court appeal:

(1) Speak to a qualified attorney

(2) File a notice of appeal
The filing requirements vary by department so we encourage you to speak to a qualified attorney

(3) Decide whether a stay on the lower court’s order should be requested

The Law Firm of Poppe & Associates, PLLC accepts appeals from the Supreme Court pertaining to divorce and ancillary divorce issues, and Family Court orders. Our appellate practice is limited to divorce or matrimonial orders and Family Court orders.

In considering whether to file an appeal or not, once an order is entered, time is of the essence. You may be precluded from filing an appeal if you do not act timely.

Filing an appeal does not put the challenged order on “hold” – in order to halt the order, a stay or hold must be requested of the court.

If you are considering an appeal, we encourage you to contact The Law Firm of Poppe & Associates, PLLC today, to schedule a complimentary initial consultation.

Interlocutory Appeals

Frequently, during the course of a Supreme Court divorce, or a Family Court custody matter, judges will issue interim or temporary orders while the matters are still pending. These interim orders are referred to as Interlocutory or temporary orders.

Appeals of interlocutory orders are not a “right” and often approval may be needed from the appropriate Appellate Division.

When approval is needed in order to file an appeal from an interlocutory decision, a motion must be filed to request leave or permission to appeal.

If you are considering an interlocutory appeal, I encourage you to contact The Law Firm of Poppe & Associates, PLLC today, to schedule a complimentary consultation.

Appellate Outcomes

The most common outcomes of Appeal Courts include:

  1. Reverse
  2. Remand
  3. Affirm
  4. Modify
  5. A combination of the four

The Appellate Division may reverse, remand, affirm, and/or modify the decision of the Family Court, or parts of the decision.

Generally, Reverse means the Appellate Court decides that the decision of the lower trial Court was wrong. When this happens, the Appellate Court may vacate the decision of the Family Court. Vacates generally means to cancel or set aside the decision as if it did not happen.

Generally, a Remand is when the Appellate Court directs the lower Court to hear the case again. This may mean a new trial on all or some of the issues, with instructions from the Appellate Court.

Generally to Affirm denotes that the Appellate Court agrees that the lower Court made the right decision. This means the decision stays the same.

Lastly, generally Modify is when the Appellate Division changes part of the Family Court decision.

Contact an attorney

If you are considering an appeal, we are here for you. Contact us today online or by telephone at 212-792-9501 to arrange a free initial consultation with a knowledgeable New York matrimonial attorney.

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