Understanding the Appeal process

Very controversial lawsuits do not always end at trial. If a litigant is not pleased with a trial court’s decision, he or she has generally a chance to appeal by filing a petition for review. But what is an appeal? An appeal is as a petition to a higher court asking to reevaluate a lower court’s judgment.

Sometimes clients are very intimidated of the appeals process, and that is understandable. What happen is that most of the times, litigants have already spent a large amount of time and money to reach a verdict at trial.

At Bertollini & O’Reilly, we firmly believe in what we do, and we take great care of our clients. We are dedicated to provide the highest standard of appellate advocacy while keeping in mind our clients’ goals. We combine our problem-solving skills with a superior support to achieve cost-efficient results.

Many other trial attorneys, recognizing our superior writing skills, have referred many of our appellate clients to us with confidence.

We will personally write your appeal without passing it to an associate. Undoubtedly, when you choose us, the person you retain will be the same person writing and arguing your appeal case.

Our firm, Bertollini & O’Reilly, is a Litigation Law Firm in New York City that handles Civil as well as Criminal Appeals of both New York and New Jersey Courts. We also handle Immigration Appeals to the BIA and the Federal Court of Appeals for the Second and Third Circuit.

Appeals we handle

Bertollini & O’Reilly provides efficient and cost-effective appellate representation in the following cases:

Appeals to the New York Supreme Court, Appellate Division

The Appellate Division of the Supreme Court, First Judicial Department, is one of four intermediate appellate courts in the State, and holds jurisdiction over the Counties of New York and the Bronx. Appeals are taken to the Appellate Division, as a matter of right, in civil and criminal cases, from the Supreme Court, Surrogate’s Court, Family Court, and Court of Claims.

Appeals to the New Jersey Superior Court, Appellate Division

The Appellate Division is New Jersey’s intermediate Appellate Court, hearing appeals from decisions of the trial courts, the Tax Court and State administrative agencies.

Motions to vacate a criminal judgment (New York CPL §440.10)

A Motion under N.Y.P.L. Section 440.10 can be filed at any time after the criminal judgment was originally entered. Only specific grounds for reversal can be alleged in a Motion to Vacate a Criminal Judgment.

New Jersey Criminal Appeals and Petitions for Post-Conviction Relief

In NJ, defendants convicted of a crime may appeal their cases to the Appellate Division of Superior Court, which reviews trial records and decides if decisions made by judges in the Superior Court are fair and equitable. Moreover, any convicted person, who is seeking a petition for Post-Conviction relief on any of the statutory grounds, must file a certified petition within five 5 years after the date of entry.

Board of Immigration Appeals (BIA) cases

Decisions of Immigration Judges are reviewed by the Board of Immigration Appeals if a Notice of Appeals if filed within 30 days of the Immigration Judge’s decision.

Contact our Firm

Would you like to explore your options after an unfavorable judgment against you?

We are here to help. Please contact us by phone at (212) 566-3572 or by filling out a case evaluation form to set up a free initial consultation.

Choose the appellate lawyers that other attorneys go to when they need to win their appeal!