Appellate Litigation – Civil and Criminal

The general rule in litigation is "winner take all." Enter the world of appellate practice and procedure. The appellate record consists entirely of what was presented in the court below; no further discovery or admission of new evidence is allowed. The issues that may be presented on the appeal are limited to any that appear in the record. Appeals are typically decided by panels of three or more judges (depending on the court) that rely on typewritten briefs and oral argument presented by counsel the parties.

The New York Appellate Division has unique interest of justice jurisdiction enabling that intermediate-level appellate court to act as a "13th juror" and make de novo findings of fact. That is why it is critical to have an experienced appellate attorney perfect your direct appeal; an attorney who knows the arcane rules of appellate procedure; knows how to present the facts in the light most favorable to the legal issues presented; knows the types of issues that are likely to constitute reversible error; and knows the appellate judges and their personalities. Mr. Langone has all those qualities; and in fact, has taught law students and many interns over the years how to perfect an appellate brief and present a successful oral argument.