Nearly all Buffalo personal injury lawsuits are heard before a justice of the New York State Supreme Court of Erie County. When that judge makes a legal decision that one of the parties does not agree with, that decision may, occasionally, be appealed to a higher court.
Almost all appeals in Western New York are heard by a court known as the Appellate Division for the Fourth Department, which is located in Rochester. This court will review the record regarding the underlying issue and determine whether the lower court acted properly or made a mistake. In most cases, the decision of the lower court is upheld, but occasionally a lower court decision is overturned based on an error.
But what happens if you disagree with the decision of the Appellate Division? There is one higher court in New York State – the Court of Appeals – which can hear arguments regarding decisions of the Appellate Division court. There are, however, several specific limitations regarding when an Appellate Division decision may be taken to the Court of Appeals. The purpose of these limitations is to keep the Court of Appeals from becoming bogged down with frivolous appeals on issues that have no merit.
As a result, while you may be able to make an additional appeal in a personal injury lawsuit, this is not a guaranteed right, and whether you may do so depends on the specific circumstances surrounding the issue.
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