Freestyle Lawering: Taking an Expedited Appear in the New York State Courts

Abstract:     
This article provides guidance to practitioners who wish to expedite an appeal in a New York court. It first sets forth the existing rules for taking an expedited appeal in the court of appeals and each department of the Appellate Division. It then sets forth the preferred practices in those departments that lack published rules, as best those practices can be discerned from the experience of the author and members of the Appeals Bureau of the New York State Attorney General’s Office. It then examines instances where New York appellate courts granted preferences in order to illustrate the sorts of cases in which the effort to expedite an appeal is likely to be successful. Finally, the article offers some practical tips for bringing an appeal on an expedited basis, including putting a record together and advising a client on when to expect a decision.

Number of Pages in PDF File: 13

Accepted Paper Series