Effective Appellate Advocacy in the New York Courts

New York’s appellate practice markedly differs from federal practice – from the issues that can be appealed to the timing of the appeal to the composition of the appellate panel. A successful litigator in New York must know how to effectively use appellate procedure – even while a case is proceeding through the trial court – and then, depending on how a case unfolds, whether recourse to the New York Court of Appeal, New York’s highest court, is available.

Vincent Syracuse, Richard Trotter and Maryann Stallone – experienced New York commercial and appellate litigators – share their insight from decades of appellate practice in New York, and the wisdom appellate judges have shared with them as well. They discuss when to appeal to both the Appellate Division and the New York Court of Appeals and how to present issues – both in writing and orally – in a way that maximizes the likelihood of success. 

1. Grasp the appellate rules that govern appealability to both the Appellate Division and Court of Appeals
2. Discuss strategy about when, how and whether to bring an interlocutory appeal
3. Understand how to position an appeal so that the Court of Appeals  will hear the case
4. Identify tips for effective written and oral appellate advocacy at both the Appellate Division and Court of Appeals