The Law Firm of Joel R. Brandes, P.C.
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Recent Decisions
Recent Legislation and Rules
Appeals to the Appellate Divison
Preserving the Right to Appeal
Appellate Division is Single Statewide Court
Appeals to the Appellate Division as of Right from the Supreme Court
Permissible Appellant—“Aggrieved party” and Mootness doctrine
Permissible Appellant - Appealable Judgment or Order
Permissible Appellant - Appeal from Order denying motion with leave to renew or without prejudice
Appeals : Appellate Review of Non-final Orders in Matrimonial Actions
Appeals : Fundamental and Harmless Error
Appeals : Matrimonial Presumptions and the Burden of Proof
Appeals : Stare Decisis, Precedent and Dicta
Appeals : Understanding the Support Magistrate Objection Process
Appeals to the Appellate Division from Family Court
Perfecting the Appeal to the Appellate Division - Methods
Perfecting the Appeal to the Appellate Division - Appellate Division Bound by Record
Perfecting the Appeal to the Appellate Division - Order and Settle the Transcript
Method of Settlement of the Transcript
Appeals to Appellate Division from Supreme Court by permission
Form of Record and Briefs - Parties, Docket Number, Method of Reproduction
Form of Briefs and Appendices - CPLR
What must be in the Reproduced Full Record
What is the Judgment-roll?
What must be in the Appendix.
What must be in Briefs
Time, number and manner of filing of records, appendices and briefs
Cross appeals - Briefing Schedule, Joint Record, Content of Briefs, Time for Service
Extension of time to perfect appeal
Concurrent appeals, Appeals from a single order or judgment. Consolidation of Appeals.
First Department Requirement of note of issue
Stay of Enforcement of Order or Judgment Pending Appeal
Practice in the Appellate Division: What Laws Govern
Practice Rules of the Appellate Divison: Joint & Local Rules
First Department New and Amended Local es June 25, 2021
Practice in the Appellate Divison: Motions in the First Department
Practice in the Appellate Divison: Motions in the Second Department
Practice in the Appellate Division: Motions in the Third Department
Practice In The Appellate Division:Motions in the Fourth Department
Instructions for Taking an Appeal Frequently Asked Questions
Instructions for Perfecting an Appeal to the Appellate Division
Instructions to Perfect an Appeal in the Third Department
Instructions to perfect an appeal in the Fourth Department
Appellate Division Fourth Department Q & A
Universal E-filing in the Fourth Department
Standards of Appellate Review in Matrimonial Actions
Standard of Review— Appellate review of Custody Determinations
Standard of Review of Custody Determinations - Effect of Changed Circumstances During Pendency of Appeal
Standards of Review : Fugative disentitlement doctrine in custody and child support appealsw Page
Mandatory Electronic filing (e-filing): First Department
Electronic filing (e-filing): First Department Digital submission in Non-Efiled Matters - June 1, 2020
Electronic filing (e-filing): First Department New and Amended Local Rules Updated June 25, 2021
Electronic filing (e-filing): First Department Formatting Specifications
Electronic filing (e-filing): First Department Frequently Asked Questions
Electronic filing (e-filing): Second Department Technical Guidelines
Mandatory Electronic filing (e-filing): Second Department
Electronic filing (e-filing): First Department Motions Frequently Asked Questions
Electronic filing (e-filing): Second Department - Motions -22 NYCRR 670.4 (d)
Electronic filing (e-filing): Third Department - Digital Copies - 22 NYCRR 850.4 (a)
Electronic filing (e-filing): Third Department Motion FAQs
Mandatory Electronic filing (e-filing): Fourth Department
Electronic filing (e-filing): Fourth Department Motion FAQS
E-filing Rules and Forms of the Appellate Division
Reported Appeals
Court of Appeals Rules of Practice
How to take an Appeal to the Court of Appeals
I. Appeals as of Right
II. Motions for Leave to Appeal
III. Guidelines for Preparing a Motion for Leave to AppeaNew Page
IV. Rule 500.11 Review Aternate Procedure for Selected Appeals
V. Appealability and Reviewability
VI. What is a Final Determination
VII. The "Necessarily Affects" Requirement
Filing of record material and briefs in normal course appeals and required copies
Contents of Records, appendices and exhibits in normal course appeals
Content and form of Briefs in normal course appeals
Civil and Criminal Appeals Frequently Asked Questions
Civil Motions Frequently Asked Questions
Court-Pass - Digital Filing Frequently Asked Questions
Court of Appeals Portal for uploading companion digital submissions
Court of Appeals Court Pass Public Access and Search
New York Divorce Law
Agreements Before & During Marriage
Custody & Visitation
Child Support Awards
Counsel Fee Awards
Enforcement of Judgments & Orders
Equitable Distribution
Equitable Distribution Law for Trial Counsel
Equitable Distribution Decisions Chart
Exclusive Occupancy of Marital Home
Grounds for Divorce
Maintenance Awards until 2016
Maintenance Awards after January 22, 2016
Modification of Maintenance and Child Support Orders and Judgments
Orders of Protection
Special Relief - Insurance
Spousal Support Awards
Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
Timetable For Service of Motion Papers
Uniform Child Custody Jurisdiction & Enforcement Act
Additional Articles and Information about New York Divorce & Family Law
Adoption Information
Antenuptial and Post Nuptial Agreements
Child Abuse & Prevention
Child Custody & Parental Alienation Information
Child Support
Common Law Marriage
Child Visitation Supervisors
Degrees & Licenses
Domestic Violence
Emergency Court Applications
Engagement gifts
Evidence Law
Family Court Proceedings
Federal Law Divorce Resources (Pension and Social Security)
Frequently Asked Questions
Grandparent and Non-Parent Visitation
Grounds for Divorce
Legal Fees, Liens & Sanctions
Litigation & Procedure
Maintenance and Child Support New York Court System Tools
Maintenance, Special Relief & Spousal Support
Marital Property and Property Distribution
New York Motion Practice
Professional Conduct
Retirement Benefits
Questions about Income Tax
Right to Counsel in Matrimonial Action
Role of the Attorney for the Child
Valuation Aids
New York Court System Links for Lawyers
New York Court Rules
New York Court Websites and Decisions
Recent New York Law Journal Articles by Joel R. Brandes
Using EDDS Electronic Delivery to Courts
New York Courts Case Search Page for E-filed Case Files
New York Court System Site Map
Family Court Official Forms
International Child Abduction Remedies
International Child Abduction
Hague International Child Abduction Convention cases from 2011 to date.
Hague international Child Abduction Table of Reported and Unreported Cases from 1988 until 2010
Site Map of The Law Firm of Joel R. Brandes PC website
Make an Appointment for a Consultation
Consultation Fee Payment
Joel R. Brandes Curriculum vitae
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Home
Recent Decisions
Recent Legislation and Rules
Appeals to the Appellate Divison
Preserving the Right to Appeal
Appellate Division is Single Statewide Court
Appeals to the Appellate Division as of Right from the Supreme Court
Permissible Appellant—“Aggrieved party” and Mootness doctrine
Permissible Appellant - Appealable Judgment or Order
Permissible Appellant - Appeal from Order denying motion with leave to renew or without prejudice
Appeals : Appellate Review of Non-final Orders in Matrimonial Actions
Appeals : Fundamental and Harmless Error
Appeals : Matrimonial Presumptions and the Burden of Proof
Appeals : Stare Decisis, Precedent and Dicta
Appeals : Understanding the Support Magistrate Objection Process
Appeals to the Appellate Division from Family Court
Perfecting the Appeal to the Appellate Division - Methods
Perfecting the Appeal to the Appellate Division - Appellate Division Bound by Record
Perfecting the Appeal to the Appellate Division - Order and Settle the Transcript
Method of Settlement of the Transcript
Appeals to Appellate Division from Supreme Court by permission
Form of Record and Briefs - Parties, Docket Number, Method of Reproduction
Form of Briefs and Appendices - CPLR
What must be in the Reproduced Full Record
What is the Judgment-roll?
What must be in the Appendix.
What must be in Briefs
Time, number and manner of filing of records, appendices and briefs
Cross appeals - Briefing Schedule, Joint Record, Content of Briefs, Time for Service
Extension of time to perfect appeal
Concurrent appeals, Appeals from a single order or judgment. Consolidation of Appeals.
First Department Requirement of note of issue
Stay of Enforcement of Order or Judgment Pending Appeal
Practice in the Appellate Division: What Laws Govern
Practice Rules of the Appellate Divison: Joint & Local Rules
First Department New and Amended Local es June 25, 2021
Practice in the Appellate Divison: Motions in the First Department
Practice in the Appellate Divison: Motions in the Second Department
Practice in the Appellate Division: Motions in the Third Department
Practice In The Appellate Division:Motions in the Fourth Department
Instructions for Taking an Appeal Frequently Asked Questions
Instructions for Perfecting an Appeal to the Appellate Division
Instructions to Perfect an Appeal in the Third Department
Instructions to perfect an appeal in the Fourth Department
Appellate Division Fourth Department Q & A
Universal E-filing in the Fourth Department
Standards of Appellate Review in Matrimonial Actions
Standard of Review— Appellate review of Custody Determinations
Standard of Review of Custody Determinations - Effect of Changed Circumstances During Pendency of Appeal
Standards of Review : Fugative disentitlement doctrine in custody and child support appealsw Page
Mandatory Electronic filing (e-filing): First Department
Electronic filing (e-filing): First Department Digital submission in Non-Efiled Matters - June 1, 2020
Electronic filing (e-filing): First Department New and Amended Local Rules Updated June 25, 2021
Electronic filing (e-filing): First Department Formatting Specifications
Electronic filing (e-filing): First Department Frequently Asked Questions
Electronic filing (e-filing): Second Department Technical Guidelines
Mandatory Electronic filing (e-filing): Second Department
Electronic filing (e-filing): First Department Motions Frequently Asked Questions
Electronic filing (e-filing): Second Department - Motions -22 NYCRR 670.4 (d)
Electronic filing (e-filing): Third Department - Digital Copies - 22 NYCRR 850.4 (a)
Electronic filing (e-filing): Third Department Motion FAQs
Mandatory Electronic filing (e-filing): Fourth Department
Electronic filing (e-filing): Fourth Department Motion FAQS
E-filing Rules and Forms of the Appellate Division
Reported Appeals
Court of Appeals Rules of Practice
How to take an Appeal to the Court of Appeals
I. Appeals as of Right
II. Motions for Leave to Appeal
III. Guidelines for Preparing a Motion for Leave to AppeaNew Page
IV. Rule 500.11 Review Aternate Procedure for Selected Appeals
V. Appealability and Reviewability
VI. What is a Final Determination
VII. The "Necessarily Affects" Requirement
Filing of record material and briefs in normal course appeals and required copies
Contents of Records, appendices and exhibits in normal course appeals
Content and form of Briefs in normal course appeals
Civil and Criminal Appeals Frequently Asked Questions
Civil Motions Frequently Asked Questions
Court-Pass - Digital Filing Frequently Asked Questions
Court of Appeals Portal for uploading companion digital submissions
Court of Appeals Court Pass Public Access and Search
New York Divorce Law
Agreements Before & During Marriage
Custody & Visitation
Child Support Awards
Counsel Fee Awards
Enforcement of Judgments & Orders
Equitable Distribution
Equitable Distribution Law for Trial Counsel
Equitable Distribution Decisions Chart
Exclusive Occupancy of Marital Home
Grounds for Divorce
Maintenance Awards until 2016
Maintenance Awards after January 22, 2016
Modification of Maintenance and Child Support Orders and Judgments
Orders of Protection
Special Relief - Insurance
Spousal Support Awards
Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
Timetable For Service of Motion Papers
Uniform Child Custody Jurisdiction & Enforcement Act
Additional Articles and Information about New York Divorce & Family Law
Adoption Information
Antenuptial and Post Nuptial Agreements
Child Abuse & Prevention
Child Custody & Parental Alienation Information
Child Support
Common Law Marriage
Child Visitation Supervisors
Degrees & Licenses
Domestic Violence
Emergency Court Applications
Engagement gifts
Evidence Law
Family Court Proceedings
Federal Law Divorce Resources (Pension and Social Security)
Frequently Asked Questions
Grandparent and Non-Parent Visitation
Grounds for Divorce
Legal Fees, Liens & Sanctions
Litigation & Procedure
Maintenance and Child Support New York Court System Tools
Maintenance, Special Relief & Spousal Support
Marital Property and Property Distribution
New York Motion Practice
Professional Conduct
Retirement Benefits
Questions about Income Tax
Right to Counsel in Matrimonial Action
Role of the Attorney for the Child
Valuation Aids
New York Court System Links for Lawyers
New York Court Rules
New York Court Websites and Decisions
Recent New York Law Journal Articles by Joel R. Brandes
Using EDDS Electronic Delivery to Courts
New York Courts Case Search Page for E-filed Case Files
New York Court System Site Map
Family Court Official Forms
International Child Abduction Remedies
International Child Abduction
Hague International Child Abduction Convention cases from 2011 to date.
Hague international Child Abduction Table of Reported and Unreported Cases from 1988 until 2010
Site Map of The Law Firm of Joel R. Brandes PC website
Make an Appointment for a Consultation
Consultation Fee Payment
Joel R. Brandes Curriculum vitae
Subscribe to our newsletter
About Us
Terms of Use and Privacy Policy