Appeals

If you lose your case in a lower court you can appeal to a higher appellate court claiming there was an error and the ruling should be reversed. This is true whether the hearing was in civil, criminal or family court.

You can also appeal from an administrative ruling, such as suspension or revocation of your driver’s license by the Department of Motor Vehicles. Health insurance companies have an appeal process in place for you to use if you were denied coverage. Almost any agency has a mechanism for you to ask for a review of any decision with which you are unhappy.

New York Appeals Attorney Lisa DiPoala Haber

Lisa DiPoala Haber Esq. is a New York appeals attorney with 25 years of experience pursuing remedies for her clients through the appellate process. She is licensed to practice in both state and federal courts and has handled appeals in the following categories:

  • New York State Court Appeals
  • Federal Court Appeals
  • Family Court Appeals
  • Motions for Leave to Appeal
  • Motions for Stay Pending Appeal
  • Appeals from Administrative Agency Decisions
  • Appeals from Health Insurance Coverage Denials
  • Appeals from New York State Department of Motor Vehicles License Denials
  • Article 78 Proceedings to Challenge Administrative and Governmental Agency Determinations.

Appeals are limited to a review of the lower level ruling and the evidence in that record. With only rare exceptions, the reviewing entity accepts no new evidence. The results of appellate review vary. The reviewing entity can let the lower decision stand. It can overrule it and order an entirely new trial or hearing or it can fashion a workable remedy based on the evidence in the record.

Appeals are complicated. Not every decision that a person disagrees with is one from which an appeal can be taken. There is a limit on how long you have to appeal an adverse ruling. If you fail to file your appeal within the statutory time, you lose your right to appeal no matter how wrong the decision might have been.

There are procedural rules that must be followed, such as a limit on the number of pages you can present, how the appellate brief itself is formatted and other requirements that have nothing to do with the merits of the case.

Whether you are appealing an adverse ruling, or defending an appeal filed by the other party, you need Attorney Lisa DiPoala Haber, an experienced New York appeals lawyer, on your side.