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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
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Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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CIVIL.... I have had a lawsuit against two counties, Niagara

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CIVIL.... I have had a lawsuit against two counties, Niagara and Erie. Also Against the Niagara County DA's office and the medical Examiner for Malicious prosecution. Their motions for dismissal have been denied by the Supreme court and the appellate court. Can they go higher? I would ask my lawyers but it's Friday and I just received the Appellate courts decision. Can they take it to the state level even though all four of them have had their motions denied by both the supreme court and the Appellate (which took 1.5 years)?

Good evening, Jay, My name is XXXXX XXXXX my goal is to provide you with Excellent Service, Thank you for your question,

 

You asked,

 

"Their motions for dismissal have been denied by the Supreme court and the appellate court. Can they go higher?"

 

Answer

 

In New York, the trial Court is the Supreme Court and there is one in each County. If a litigant wants to appeal a decision of the Supreme Court, they will appeal to the Supreme Court Appellate Division. If a litigant wants to appeal from the decision o the Appellate Division, they will file an Appeal with the New York Court of Appeals which is the highest Court in New York.

 

I understand how it can be confusing because in all other States, the Supreme Court is the highest Court of the State. However, in New York State, the Supreme Court is the trial Court. Therefore, in Answer to your question, "Yes", they can appeal to one more level, the New York Court of Appeals,

 

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Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

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Customer: replied 3 years ago.

Even though both motions were denied by the supreme court and appellete? By both courts from all 4 defendants?

 

 


Hi, Jay,

 

Yes, they can appeal the decision to the Court of Appeals. You would be surprised how many decisions the Court of Appeals reverses,

______________________________________________________________________

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Customer: replied 3 years ago.
Yea but the court of appeals already made thier decision. What's the point if they just keep " re-appealing"?

Hi, Jay,

 

You did not say that the Court of Appeals had heard the case. Here is what you said,

 

"Even though both motions were denied by the supreme court and appellete? By both courts from all 4 defendants? "

 

 

Customer: replied 3 years ago.
The Supreme Court and the 4th appellate court both denied all of their motions to dismiss

There is no "4th Appellate Court". I grew up in New York City, I graduated from St. John's University Law School in New York, I sat for and passed the New York State Bar Examination the first time around and I can, therefore, say with a reasonable degree of certainty that this is the way trials are heard and to which Court they can be appealed, step by step:

 

 

1st step Trial ---------Supreme Court _____________ County

 

2nd step -- Appeal to --Supreme Court, Appellate Division --- ________ Department

 

 

3d Step --- Appeal to --- Court of Appeals

 

1. In New York State, the Supreme Court is the trial Court, the lowest Court, it does not hear any appeals.

 

2. An Appeal from the Supreme Court is heard by the Supreme Court, Appellate Division. The Appellate Division has 4 Departments;

 

3. An Appeal from the Supreme Court, Appellate Division is heard by the Court of Appeals, the highest Court in New York

 

 

I apologize, but I am going to have to respectfully XXXXX XXXXX of your question and maybe someone else can explain it better.

 

 

 

 

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