Frequently Asked
Questions: Appeals

FAQ
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What is an appeal?

An appeal is a formal request that a higher court review a lower court’s order or judgment. It can result in a reversal of the entire lower court order, or just a part of it. Alternatively, the appellate court can “remand” or direct that the lower court re-determine the matter in a manner that conforms to the appellate court’s decision. If review is sought from a state Supreme Court judgment in a divorce case, or from a non-support order issued by the Family Court, the appellate court is the Appellate Division of the Supreme Court. There are four departments of the Appellate Division in New York State, divided by geographic area. Suffolk County and Nassau County are located in the Second Judicial Department.  An appeal can be taken from a decision of the Appellate Division to the highest New York State court, the Court of Appeals.

How long will it take for the appeal to be decided?

Appeals can take a long time. A period of a year or more from filing of the Notice of Appeal to the appellate court decision is not uncommon. In some cases, the court will issue a stay of proceedings in the court from which the appeal is taken. If the order being reviewed was “ex parte” (issued without notice to the other party) the Appellate Division will allow a short application that can resolve the issue right away.

Is there a time limit for filing an appeal?

For Supreme Court orders (which includes divorce cases) you have thirty days to file a Notice of Appeal, measured from the date of service of a copy of the order or judgment with notice of entry. For this time period to start, the order/judgment must have been entered with the county clerk and there must be notice served of this filing. If any one of these things does not happen, theoretically the time to appeal never lapses. If the order is a Family Court order, you have thirty days from service of the order, and there is no requirement of entry with the county clerk or service of notice of entry. If the order is a Family Court support order, you must file objections with the Family Court first; if the Family Court order denies your objections, you can appeal this denial to the Appellate Division of the Supreme Court.

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When facing a divorce, child custody, or child support case, you deserve a lawyer who will listen to your concerns and take the time to explain your options, and who has the knowledge and experience to give you the best advice.

The best way to identify whether a Long Island divorce lawyer is right for you is to meet with the lawyer for an initial consultation. At Petroske Riezenman & Meyers, we are proud to offer potential clients a free, confidential consultation where they can learn more about our experience and discuss their legal dispute. We can also offer our preliminary assessment about how the dispute will likely turn out as well as what evidence you will need for a favorable outcome.

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These consultations are entirely no-risk. If you like what you hear, we can discuss our fees and then go ahead and formalize the attorney-client relationship. If you want to meet with other Long Island family law attorneys, then that is absolutely fine as well.

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Why Choose Petroske Riezenman & Meyers

There are countless Long Island attorneys who will promise to aggressively represent your interests in a divorce or family law dispute. But only one firm has the right mix of attributes to provide cutting-edge legal representation along with compassionate support in this stressful time.

At Petroske Riezenman & Meyers, our success is built on three pillars:

Knowledge

Matrimonial and family law changes often. New developments come out of Albany every year, and the courts implement the law in sometimes surprising ways. To effectively protect your interests, you need a lawyer who understands the latest developments in the law, however minor. We stay informed of upcoming amendments and trends in the law. We know the latest court decisions coming from remote counties that might impact how a judge decides a case here in Long Island. If there is a prior case out of the Family Courts that helps you, we will find it and bring it to the attention of the judge.

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Experience

Family law disputes are not like other lawsuits. These disputes are governed by different laws and different judges. Although you can ask a criminal defense lawyer or an immigration attorney to handle your matrimonial or family law dispute, you should not be surprised if they are soon in over their heads and unable to provide effective representation. At Petroske Riezenman & Meyers, our attorneys and support staff have dedicated their careers to excellence and professionalism in the practice of matrimonial and family law.

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Results

We are proud to be highly recommended by the many satisfied clients we have represented over the years in divorce and Family Court cases. No attorney can promise a result, and we do not claim to. But experience counts. We have over 60 years of combined experience, which allows us to perform a complete review of your case and discover facts that work to your advantage. We understand the unique challenges that family law disputes create, such as the risk of domestic violence, impediments to negotiated resolution, or the possibility of harassing or vexatious litigation. To see the positive results we have achieved for others, check out our Client Reviews.

Petroske Riezenman & Meyers, P.C. staff