New York's naming puzzle
In New York, the Supreme Court is the main trial court for civil cases, not the highest court. Appeals from it usually go to one of the four departments of the Appellate Division, and the state's highest court is the Court of Appeals. Review in the Court of Appeals is available as of right in limited situations and otherwise requires permission. In most other states, the court called the supreme court is the top court, and review there is often discretionary. The United States Supreme Court sits above all of these, and when it reviews a state court decision it considers questions of federal law; it agrees to hear a small fraction of the cases presented to it.
Asking a high court to take the case
Discretionary review usually begins with a petition or motion explaining why the case matters beyond the parties, such as a conflict among lower courts or a significant unsettled legal question. A high court is generally not looking to correct ordinary errors; that is the role of the intermediate appellate court. For the United States Supreme Court, the request is a petition for a writ of certiorari, which is due within a set period after the lower court's judgment or the denial of rehearing. Extensions are possible but limited, and the preparation is substantial. New York's own leave procedure has short deadlines that run from service of the decision with notice of entry.
Deciding whether to try
The first step is reading the decision you want reviewed and identifying which court has authority over it. We then look at whether the issue was preserved below, whether it presents the kind of question a high court takes, and what pursuing it would cost in time and money. If the realistic path is an intermediate appeal rather than a top court, we say so. Interim relief, such as a stay of enforcement while review is sought, may also need to be requested. We do not predict whether a court will grant review, but we give you a clear view of the steps and deadlines before you decide.
