May 5, 2025
When a trial court decision does not yield the desired result, parties often wonder what comes next. In New York, pursuing a civil appeal is a complex but structured process that requires precision, strategy, and an intimate understanding of appellate practice. Here's an overview of the key stages involved in a New York civil appeal:
The appellate journey begins with the filing of a Notice of Appeal. This critical document must be filed within a strict timeframe — typically 30 days after service of the judgment or order with notice of entry (see CPLR 5513 [a]). Missing this deadline can forfeit the right to appeal. The Notice of Appeal outlines the basic information about the case and specifies the order or judgment being challenged.
"Perfecting" an appeal means completing all necessary steps to bring the case before the appellate court. This includes:
The appellant typically has six months from the date of the Notice of Appeal to perfect the appeal under 22 NYCRR 1250.9(a), though this timeline can vary depending on extensions or stipulations.
Once the appellant perfects the appeal, the opposing party (the respondent) has the opportunity to file a Respondent's Brief, generally within 30 days after service of the appellant's brief (22 NYCRR 1250.9[c]). This document defends the lower court’s decision and responds directly to the appellant's arguments.
The appellant may then file a Reply Brief within 10 days after service of the respondent’s brief (22 NYCRR 1250.9[d]). Reply briefs are optional but can be strategically valuable, particularly when new arguments are raised by the respondent.
Not all appeals are granted oral argument, but when they are, it presents an opportunity for attorneys to engage directly with the appellate panel. Oral argument allows counsel to emphasize key points, answer judges’ questions, and clarify complex issues. In New York’s appellate courts, preparation is paramount, as oral arguments are often tightly timed (typically 5-10 minutes per side) and highly focused (22 NYCRR 1250.15).
After reviewing the briefs and hearing oral argument (if applicable), the appellate court will issue a decision. The court may affirm, reverse, modify, or remit the case back to the trial court for further proceedings (CPLR 5522). Decisions may be unanimous or divided. In some cases, parties dissatisfied with the outcome may seek further review by the New York Court of Appeals — although obtaining leave to appeal is governed by strict standards (CPLR 5602).
Successfully navigating a civil appeal in New York demands meticulous attention to detail, persuasive legal writing, and sophisticated advocacy. At every stage, strategic judgment is crucial — not every unfavorable ruling is appealable, and not every appealable issue is worth pursuing. If you are considering an appeal, working with experienced appellate counsel can make all the difference.