Return to Portfolio Appeals Courts in New York State
What Courts are involved in an appeal in New York State?
Overview
There are a multiplicity of courts in New York State. The presence of New York City has brought big-city litigation – and the consequent multitude and complexity of judicial opinions – to all of New York State. In addition, New York has some unique features even in the naming of the courts.
Justice Courts and City Courts
The very simplest of courts are found throughout the towns and villages of New York State. They are the justice courts. Typically, the presiding judge in a justice court is not an attorney. Also typically, the stakes are relatively small. Misdemeanor criminal charges and traffic tickets are the stuff of which justice court calendars are made. In areas with more population, one finds city courts. These vary from rudimentary to quite substantial. These courts often handle cases with more at stake than the justice courts. Very often the actual value of a case is quite respectable, and can amout to up to about $5,000
County Courts
The next court encountered is the county court; this is also the first of the appeals courts. County court usually is the trial court for serious criminal offenses. It is also the court to which one appeals from the decision of a justice court. Procedures for appeal are relatively informal but the county court judge, in my experience, often takes the appeal seriously and is open to a reversal if warranted. I have, for example, obtained reversals on matters involving traffic tickets.
Supreme Court
New York State is unusual in its nomenclature for the next higher court. In most states, the highest court in the state is termed the supreme court; however, in New York, the supreme court is actually the trial court for the state. The highest court is termed the New York State Court of Appeals. The supreme court hears substantial civil cases, divorces, compentency hearings etc. It does not have much of an appellate function.
Appellate Division
However, with the next higher court, the appellate division, one has arrived at a true appeals court. The appellate divisions hear nothing but appeals. In New York State, the appellate divisions have four departments. Interestingly, one of the wrinkles in appellate practice at this level is that the most important precedents are those in ones own appellate division. That is, what the judges say in downstate New York may not control what the judges say in an upstate appellate division; but if the split in opinions becomes too pronounced, the highest court in New York State will probably see fit to intervene and determine a standard policy throughout all of New York State.
Court of Appeals
That highest court is, as mentioned, the New York State Court of Appeals. As with the appellate division, it hears only appeals. However, it has great freedom in determining which cases to accept. Few cases are actually accepted in any one term. In contrast, the appellate divisions are bound to accept those cases meeting the procedural requirements for appeals, such as proper filing of the notice of appeal, and do not have the discretion to turn down an appeal.
When a decision and opinion are rendered by the New York State Court of Appeals, they bind all of New York State. For example, if the constitutionality of a statute is challenged in a lower court, and the court of appeals agrees that it is unconstitutional, all courts in New York State are then bound by that decision. If a county court comes to the same conclusion, the local county of its residence is bound, but that decision influences, rather than controls, decisions in other county courts.
Specialized Courts
There are also a number of specialized courts in New York State. Chief among these, and perhaps best known, is family court. Family court handles such issues as custody, support matters, adoptions, juvenile deliquency, and so on. One can appeal from a family court decision just as from a county court decision. Another specialized court is the court of claims. The court of claims hears cases involving claims against New York State. The procedure for bringing a claim against the state differs from the usual procedure involved in other civil cases, but the decision can be appealed just as with family and county courts.
In addition, there are a number of administrative “courts” where significant decisions are made which can be appealed. For example, zoning boards have considerable authority over questions involving real estate development. It should be noted that in New York State, one appeals from the decision of a zoning board through the mechanism of “an article 78 proceeding.” An article 78 proceeding serves the same function as a typical appeal, but the procedural aspects of it are much more rigid.
There is considerable interplay between state courts of appeal and federal courts of appeal. If a state case has federal aspects, appeal to a federal court is possible. If the New York State Court of Appeals declines to hear your case, you can appeal directly to the United States Supreme Court. If you do not like the result in the Court of Appeals, again, you can appeal directly to the United States Supreme Court.
It is thus clear that there are many points of connection among state courts and between state courts and federal courts. While New York’s state court system is complex, the outline given above should provide a starting point and some understanding of its intricacies. Just determining the appropriate court calls for some expertise and understanding of the system. Hopefully, this brief exposition of the New York State court system will enable you to understand more fully the choices and constraints involved in appealing a case.