Legal Question in Appeals and Writs in New York

Re: appeal

When you say "appeal a case," do you mean to file a Notice of Appeal or to perfect an appeal?

To file a Notice of Appeal is a simple form that is filed with a $65 fee. The Notice of Appeal preserves a client's right of appeal, which is time sensitive.

To perfect an appeal means to obtain, prepare and serve the record from the lower court, research, write and serve a brief, and to appear and orally argue the appeal.

Generally, it is good practice to serve a Notice of Appeal to preserve the client's right of appeal. Although an attorney should receive consent from the client, since the work involved and relative costs are nominal, and the benefit to the client is great, there is implied consent to the work.

Since the cost to perfect an appeal is great, I would think that an attorney would need the client's consent to undertake the work.

Mike.