The Appellate Division is New York State's intermediate level appellate court. It hears appeals from trial courts and has jurisdiction to hear certain original proceedings commenced in or transferred to it as provided by law. In determining appeals it has power to review issues of law, fact, and discretion arising in civil and criminal cases. Appeals from the Appellate Division are taken to the Court of Appeals, the State's highest court. The greater part of all appellate review in New York State is provided by the Appellate Division.
Motions are returnable in this Court on a Monday (or if a Monday falls on a holiday, on the next business day). You must give 13 days notice (prior to the return date) if you serve your adversary (or adversaries) by mail or 8 days notice if you use personal service. Return the original motion papers to the Courts office, serve your adversary (or adversaries) with one copy, and provide the Courts office with proof of service. You should attach to your papers a copy of your notice of appeal, a copy of the order or judgment appealed from, and a copy of the written decision upon which the order or judgment was based.
Nassau New York Motion and Affidavit in Support of Motion for Extension of Time to Perfect Appeal In Nassau, New York, when filing an appeal, sometimes circumstances may arise that necessitate an extension of time to perfect the appeal. In such cases, the party seeking the extension must file a Motion and Affidavit in Support of Motion for Extension of Time to Perfect Appeal with the appropriate court. The Motion and Affidavit serve as a formal request to the court, detailing the reasons for the delay in perfecting the appeal and seeking additional time to fulfill the necessary requirements. The purpose of this motion is to demonstrate to the court that there are valid justifications for the delay and that granting an extension would uphold the principles of justice and fairness. Key elements to include in a Nassau New York Motion and Affidavit in Support of Motion for Extension of Time to Perfect Appeal are: 1. Caption: Begin the document with the full name of the court, the case name, and the docket number. 2. Introduction: Clearly state that this is a Motion and Affidavit in Support of Motion for Extension of Time to Perfect Appeal. 3. Identification of Parties: Identify the petitioner/appellant (the party seeking the appeal), the respondent (opposing party), and their respective legal representation. 4. Background: Provide a concise summary of the underlying case, including the relevant dates and events leading up to the filing of the appeal. 5. Basis for the Extension: Explain in detail the reasons for the delay in perfecting the appeal, be it due to unforeseen circumstances, complex legal issues, or other valid justifications. Provide all pertinent facts and supporting documentation. 6. Legal Standard: Discuss the legal standards that the court typically applies when evaluating motions for extension of time to perfect appeals, citing relevant state statutes and case law. 7. Prejudice and Merit: Argue that granting an extension will not prejudice the opposing party and that there is merit in the appeal. Present any significant legal issues or factual errors that may have influenced the outcome of the original case. 8. Proposed Timeline: Suggest a reasonable and practical timeline for completing the necessary steps to perfect the appeal, including the submission of required documents, briefs, and transcripts. Different types of Nassau New York Motion and Affidavit in Support of Motion for Extension of Time to Perfect Appeal may include variations depending on the specific circumstances of the case. For instance: — Motion and Affidavit for Extension of Time to Perfect Appeal in Civil Cases — Motion and Affidavit for Extension of Time to Perfect Appeal in Criminal Cases — Motion and Affidavit for Extension of Time to Perfect Appeal in Family Court Cases It is important to tailor the content of the motion and affidavit to the particular case type while adhering to the relevant court rules and procedures in Nassau, New York.
