Law Office of Ellen O'Hara Woods

03/03/2023

Doing a little housekeeping on the website, www.rocklandappeals.com. Please feel free to contact me at [email protected] with questions you may have on any appellate or post-judgment matter.

Criminal and civil appellate practice. Evening hours by appointment. appeals

02/01/2022

What is a stay pending appeal, and how does a stay affect litigation? This question has come up frequently in the past few days in the context of the state's mask mandate, but clients do occasionally ask if a stay pending appeal is possible in their own appellate litigation. This is how it works.

When a party seeks to appeal a decision that has the potential to cause great harm, they may seek to have the decision stayed while their appeal is pending. A stay pending appeal keeps the lower court decision from going into effect until the appeal is decided.

In order to obtain a stay, the appellant needs to show that (1) irreparable harm would result in the absence of a stay and (2) there is a likelihood that their appeal will ultimately succeed in overturning the lower court decision.

In some cases where the potential harm is very great, the appellant may seek a temporary restraining order or TRO while they make their application for a stay. If granted, a TRO will likely remain in effect for only a few days - until the stay application is decided.

If the stay pending appeal is denied, the appeal process continues with the lower court decision in place, unless ultimately reversed when the appeal itself is decided.

When considering whether to seek a stay pending appeal, remember that time is of the essence.

10/27/2021

If you have recently received an unfavorable verdict, judgment or order in a criminal or civil matter, you may be considering whether an appeal to a higher court is a good idea. In order to preserve your right to appeal, should you decide to do so, a notice of appeal must be filed with the court within 30 days of the verdict, judgment or order. Speak to your trial attorney, or contact my office for further information to assure your right to appeal is protected. www.rocklandappeals.com

Criminal and civil appellate practice. Evening hours by appointment. appeals

06/23/2021

10/11/2020

My website, www.rocklandappeals.com, has answers to frequently asked questions about the appeals process.

Criminal and civil appellate practice. Evening hours by appointment. appeals

09/23/2020

The Appellate Division Second Department has lifted the suspension of filing in civil matters and resumed scheduling oral arguments as of 9/8/2020. Remember, to preserve appellate rights be sure to file a notice of appeal promptly.

07/09/2020

From the NYS Unified Court System:

Courts in the Third, Ninth and Tenth Judicial Districts to
Begin Phase Four of Return to In-Person Operations
By Week’s End, All Courts Outside New York City Will Be in Phase Four

New York−As New York continues its steady recovery from the COVID-19 pandemic, Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence K. Marks announced that, starting today, courts in the Third Judicial District (Capital District) and Ninth Judicial District (White Plains and surrounding counties) will begin Phase Four of a return to in-person operations; followed on Friday, June 10, by courts in the Tenth Judicial District (Nassau and Suffolk counties).

In Phase Four, the types proceedings to be heard in-person will include:

* Child support proceedings and child permanency hearings
* Plea and sentencing proceedings for defendants at liberty
*Preliminary hearings in criminal cases for defendants being held in jail on felony complaints
*Superior civil court appearances where at least one party is self-represented
*Arraignments of defendants issued desk appearance tickets
*A limited number of bench trials in civil matters.

Grand jury proceedings will commence on July 13, 2020.

The official home page of the New York State Unified Court System. We hear more than three million cases a year involving almost every type of endeavor. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases.

06/14/2020

Along with local courts reopening, the Appellate Division has announced that appellate matters will be accepted for filing. If you have a prior decision that you wish to appeal, or one that your adversary is currently appealing, contacting your appellate attorney at this time may be a good idea to avoid missing a crucial deadline.

05/08/2020

The March 17, 2020, Order of the Appellate Division that suspended filing deadlines in appellate matters has been rescinded effective May 6, 2020, and new deadlines are now in place. If there is an appellate matter that you have been contemplating during this time, you should consult counsel without delay.

02/10/2020

Today marks 25 years since I began the practice of law. Thinking about all the colleagues, coworkers, and judges - and all the unforgettable cases and clients. :)