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Appeals

Sometimes even after a well-researched and carefully conducted trial, the result is not in your favor. The Firm has substantial experience in presenting cases to Appellate Courts. We can help you assemble all the formal documents necessary for an appeal and either help you find mistakes made in the trial to help you overturn the result or defend your trial result from such attacks.

Our experience in appeals applies both to college disciplinary matters as well as court-based matters.

When you come to us to describe your case, we can offer insight based on years of appellate strategy, appellate argument and a thorough knowledge of appellate rules. Mr. Murphy has argued appellate cases, largely in Albany, for nearly 20 years. Ms. DeWeese has additional insight from having worked for the State Appellate Court in Rochester as an Appellate Court Attorney for two years.

Some of our appellate successes include:

Jamilah DD v Edwin EE, 151 A.D.3d 998 (3d Dept 2017): Successfully defended custody by Florida parent against New York parent where child had lived most of life in Florida.

Joseph Q v Jessica R, 144 A.D.3d 1421 (3d Dept 2016): Reversed a decision by successfully showing the trial court misunderstood the facts and failed to develop an adequate record.

In re Alyssa OO, 68 A.D.3d 1158 (3d Dept 2009): Overturned trial court's decision finding a parent guilty of neglect.

Edwards v Cade, 33 A.D.3d 1087 (3d Dept 2006): Overturned trial court's decision by showing a parent used unsworn testimony to prevent visitation.

Lopez v Robinson, 25 A.D.3d 1034 (3d Dept 2006): Successfully defended a mother's custody when challenged by father who failed to engage in visitation and had alcohol and drug abuse problems.

Kyes v Northbrook Property & Casualty Ins. Co. 278 A.D.2d 736 (3d Dept 2000): Successfully argued that our client's insurance broker had misinformed him about the coverage of an insurance policy and won coverage of business fire losses.

Our appellate decisions include:

Quick v Glass, 151 A.D.3d 1318 (3d Dept 2017)

Hamilton v Anderson, 143 A.D.3d 1086 (3d Dept 2016)

Rumpff v Schorpp, 133 A.D.3d 1109 (3d Dept 2015)

Roth v Messina, 116 A.D.3d 1257 (3d Dept 2014)

Tod ZZ v Paula ZZ, 113 A.D.3d 1005 (3d Dept 2014)

Smith v Barney, 101 A.D.3d 1499 (3d Dept 2012)

Hamilton v Anderson, 99 A.D.3d 1077 (3d Dept 2012)

Taylor v Jackson, 95 A.D.3d 1604 (3d Dept 2012)

Clark v Ingraham, 88 A.D.3d 1079 (3d Dept 2011)

Jesse QQ v Holly RR, 86 A.D.3d 727 (3d Dept 2011)

Sharynn PP v Richard QQ, 83 A.D.3d 1140 (3d Dept 2011)

Lewis v Tomeo, 81 A.D3d 1193 (3d Dept 2011)

Castillo v Luke, 63 A.D.3d 1222 (3d Dept 2009)

Cruz v Cruz, 55 A.D.3d 992 (3d Dept 2008)

Newton v Simons, 52 A.D.3d 895 (3d Dept 2008)

Chase v Coleman, 45 A.D.3d 936 (3d Dept 2007)

Kim OO v Broome County Dept. of Social Services, 44 A.D.3d 1164 (3d Dept 2007)

Andrews v Catanzano, 44 A.D.3d 1109 (3d Dept 2007)

Foster v Foster, 34 A.D.3d 1102 (3d Dept 2006)

Maheu v Bowen, 26 A.D.3d 654 (3d Dept 2006)

Vann v Herson, 2 A.D.3d 910 (3d Dept 2003)

In re Alexzander B, 287 A.D.2d 820 (3d Dept 2001)

Edward QQ v Heather S, 285 A.D.2d 750 (3d Dept 2001)

All Service Exportacao Importacao Comercio, S.A v Banco Bamerindus Do Brazil, S.A., New York Branch, 921 F.2d 32 (2d Cir 1990)

People v Thornton, 130 A.D.2d 78 (3d Dept 1987)

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Shaw & Murphy Law Firm

Ithaca Office
The Frontenac Building
109 East Seneca St
Ithaca, New York 14850
Phone: (607) 273-2900
Fax: (607) 273-2933
E-mail: bcady@shawlawfirm.com

Groton Office
170 Main Street
Groton, NY 13070
Phone: (607) 898-3190
Fax: (607) 898-3765
E-mail: lmurphy@shawlawfirm.com