A trial court named Supreme
New York Supreme Court is the state's general trial court for significant civil matters, and in many counties it includes a Commercial Division for business disputes. Appeals from Supreme Court usually go to the Appellate Division, which sits in four judicial departments and in civil cases can review the facts as well as the law. The Court of Appeals in Albany is the state's highest court, and in most civil matters it hears a case only with permission. The Supreme Court of the United States sits above all of this only for federal questions, and it agrees to hear a small share of the petitions it receives.
Thinking about the appeal during trial
Appeals are decided on the record made below, so what happens in Supreme Court determines what an appellate court can review. Objections need to be made and arguments raised at the trial level to be preserved, and motions in the trial court can narrow or expand the issues for appeal. That is why supreme court and appellate litigation are most effective when planned together rather than treated as separate projects. New York state practice allows immediate appeals from many orders entered before trial, far more than federal practice does, which can change strategy in the middle of a case.
Deadlines and the first review
Deadlines on appeal arrive quickly: the notice of appeal is due within a short period, usually measured from service of the judgment or order with notice of its entry rather than from the date the decision was signed. Perfecting an appeal involves assembling the record and filing briefs under further deadlines set by statewide Appellate Division rules, with some local practices differing by department. Our review covers the decision, the trial record, and the posture of the case, and identifies which issues were preserved and which may be strongest on review. We also discuss whether to seek a stay of enforcement while the appeal proceeds and what security that may require.
