Legal Question in Family Law in New York
Can I appeal from a motion for partial summary judgment immediately after the decision is made or do I have to wait until final judgment is made to appeal from this motion? If I can appeal it can someone tell me what the source of authority for this is (statute or case law).
Asked on 4/21/11, 2:25 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
If the matter is in New York State Supreme Court (or another State court), the answer is that you may appeal either after the decision or after the trial. Appealing after the decision is called an interlocatory appeal.
If the matter is in Federal Court in New York, you must wait until final judgment.
Mike.
Answered on 4/22/11, 12:29 pm