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.