Most appeals in Buffalo personal injury lawsuits are made to a court called the Appellate Division Court for the Fourth Department. This court is located in Rochester, NY, and hears appeals from civil and criminal courts throughout Western New York. The time period during which an appeal may be brought before this court are governed by their rules. As a result, in other parts of New York State the time limits may be different.
In the Appellate Division for the Fourth Department, you generally have thirty days from the date of the filing of an adverse ruling in which give notice to the adverse party that you will be appealing the decision. Once this notice is given, you then have 60 days within which to “perfect” the appeal. Perfecting the appeal usually consists of submitting a copy of the record of the lower court to the Appellate Division along with copies of a written brief describing the issue being appealed and setting forth why you think the lower court was wrong. Copies of this material must also be served on the adverse party.
While appeals are not automatically dismissed if not perfected within 60 days, the opposing party may move for dismissal after that time, and then you must demonstrate good cause to the appellate court why you were unable to complete the appeal. If an appeal in a personal injury lawsuit is not perfected after nine months, it may be dismissed without the other party making a motion.
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