Understand the Role of the New York Appeals Court

New York is an exception in the structuring of its judicial system, and this is because of the fact that the New York Supreme Court has not been given the status of the highest court in the state. It is actually the New York Appeals Court which holds this position. As its name implies, it has the jurisdiction to hear appeals only.

Appeals Court Rules

The New York Appeals Court focuses generally on the broad issues concerning law, and not on individual disputes. It has no jurisdiction limitation on the monetary amounts involved in the case or in a rank or status of parties involved.

The New York Appeals Court also consists of 1 chief judge and 6 associate judges appointed by Governor. They are then approved by the senate for a term of 14 years. In the Supreme Court of New York, there are about 570 justices.

Another departure from convention is the judicial officials who serve the courts. In a majority of the states as well as the federal legal system, members who belong to the top-most court are known as "Justices", and lower courts have “Judges”. In NY, members of the Appeals Court are known as "Judges," while those who sit on the Supreme Court are known as "Justices."

Role of County Courts in New York

Outside the city of New York, in each county there is a county court that manages criminal cases. Judges in the county courts serve terms for 10 years upon election. In many counties there is a surrogate court that handles matters of estates and wills. The surrogate judges are also elected to 10 year terms. The only exception is the county containing the city of New York, where this term is 14 years. Each county has its own family court. In New York City, the judges serve a term for 10 years.

Functions of the Appeals Court

These trial courts can hear the evidence and testimony – it has the jurisdiction to do so. Appeals on points of law or evaluation of the evidence send cases up the hierarchy of appeals courts, the New York Appeals Court being a court of last resort. The primary function of an appeal court is to see if errors had occurred, as charged by the appellant, at the trial court level. The published opinions of an appellate court are considered binding unless overruled by a higher court.

The appeals court makes a decision on the merits of the appeal, and this is based on review of the record of filed and counter-filed briefs and motions for the two sides; the court may issue its ruling simply on the merits of this information. Should the court so require, a hearing will be held to allow arguments from both sides. No new evidence can be presented, no witnesses are heard on the appeal of a case, and there is no jury. The decision is always based on evidence that is within the record and of course the law that pertains to the case, as well as facts and arguments presented by attorneys from both parties.

If you are ever compelled to file an appeal against a trial court judgment, there a few things you will need to remember.

One is that you have to file a Notice of Appeal as soon after the trial court’s final judgment is delivered as possible.  Once the Notice of Appeal is filed, the case moves onward to the appellate court itself. The appellate court would define the time line that you will have to follow when you are filing the materials and documents with the court.

Thereafter, your appeals process will follow as described above. Realistically, however, in most cases in the U.S., the appellate process does not take less than 12 to 18 months to complete.

Another point to keep in mind is that your successful appeal will hinge on the expertise with which your attorney can refute the findings or the reasoning behind the trial court’s verdict or decision. You need sound legal counsel before you appeal, and an excellent attorney to make your case.