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New York Small Claims Appeal Information

An appeal cannot be taken from anything other than an Order or a Judgment made by a Judge. Judgments made by an Arbitrator or Referee are not appealable. Where matters have been settled by mutual agreement of the parties, or on default, no appeal is possible. You should consult an attorney regarding other legal remedies you may have.

The appeal process may be costly. The Court Reporter is permitted to charge a fee based on the length of the transcript which must be prepared. It is suggested that you contact the Court Reporter to obtain an estimate of the cost of preparing a typewritten transcript of the minutes of the trial. You may consider the information useful in determining whether or not to appeal. You may also qualify for Poor Person's Relief which would pay for the cost of the appeal. To find out where to contact the Court Reporters in your county, click on Locations.

An appeal must be filed within 30 days from the service of the Judgment or Order appealed from. If a copy of the judgment or order is not served, there are no time limitations on the filing of the appeal.

An appeal does not stay (stop) the execution of a judgment. To stay the enforcement of a money judgment either an "Undertaking" by bond or certified check or an Order from the Appellate Term of the Supreme Court is required.

An appeal does not mean a new trial or the presenting of new evidence. Rather, it is a review of the relevant portion(s) of the court file and the relevant portion(s) of the transcript of the trial minutes by the judges of the Appellate Term of the State Supreme Court.


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Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered in the California Small Claims process. SmallClaimsDepartment.com's Legal Document Service is not a law firm and is not a substitute for the advice of an attorney. SmallClaimsDepartment.com cannot provide legal advice and can only provide self-help services at your specific direction.
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