Legal Question in Business Law in New York

Re: civil appeal

Perfecting an appeal means filing the record or appendix on appeal, and brief, which is a lot more complicated than it sounds.

Normally, if someone loses a case, or a motion in a case, they may appeal the order or judgment to the appellate division (State Court) or Appellate Term if the original case was in civil or district court.

In Federal court one can rarely file an interlocutory appeal; in other words, whether you lose or win a motion you have to wait until the case has been finally determined to appeal.Perfecting means the same thing in both State nd Federal court, but the time periods are different.

Re: civil appeal

The ground for a civil appeal is a perceived error by a judge or quasi-judicial authority.

The appeal process is started by the filing of a Notice of Appeal. The appealing party (Appellant) then has a certain period to "perfect" or to file a Brief and Record on Appeal.

The brief contains the questions presented, the salient facts and the legal argument. The Record is a collaboration of the relevant legal documents from the lower court.

The time to perfect varies depending on the court. The timeframe is usually 6 to 9 months.

It sounds to me as if Appellant did not perfect in time or anticipated not being able to do so and moved for an extension, which was granted.

Extensions, in my experience, are rarely denied.