Hodges Walsh & Slater, LLP supports its clients with an in house appellate attorneys who blend knowledge of appellate procedure, knowledge of substantive law, analytic thought, and writing skills to safeguard our clients’ interests and keep legal costs down by using the appellate courts to seek review of critical interlocutory orders that can have a serious impact on the trial of cases and their settlement value.
The courts in which we have handled appeals include:
New York State Supreme Court, Appellate Division
New York State Court of Appeals
United States Court of Appeals
United States Supreme Court
Some of the tools our appellate attorneys use include:
Appeals of adverse orders
Stays of trial pending appeal
Writs of mandamus
In addition to writing and arguing appeals, our appellate attorneys also assist clients in:
Researching complex issues of state and federal law
Consultation with the firm’s trial lawyers regarding litigation issues
Preparing pre-trial briefs on evidentiary, procedural and substantive law issues
Preparing proposed jury charges
Preparing dispositive motions
Preparing memoranda of law to counsel clients on changes and new developments in statutory and decisional law
The matters handled by our attorneys include police conduct, products liability, municipal board decisions, premises liability and general negligence.
It would be difficult to list all of the appeals our attorneys have litigated over the years and, as such, we confine ourselves to listing of recent appellate decisions.
Alzamora v. Village of Chester, 2009 WL 578630 (2d Cir.2009). Affirming District Court. Plaintiff did not establish a protected property interest prior to zoning change where they did not complete substantial construction prior to the amendment.
Costello v. Town of Warwick, 273 Fed.Appx. 118 (2nd Cir.2008). Affirming District Court. Police Officer’s use of deadly force was objectively reasonable where decedent’s actions placed police officers at risk of immediate and severe injury.
Chiara v. Wells, 61 AD3d 973 (2nd Dept. 2009). Petitioner failed to show that initiation of disciplinary action was done on retaliation for commencing a lawsuit against the Town Administrator.
Kaufman v. Wells, 56 AD3d 674 (2nd Dept. 2008). Administrative determination to terminate police officer for misconduct was based on substantial evidence.
Rist v. Town of Cortlandt, 56 AD3d 451 (2nd Dept. 2008). Affirming supreme court. Untimely Notice of Claim barred negligence action.
Williams v. Town of Greenburgh, 535 F.3d 71 (2d Cir.2008). Affirming District Court. Municipality decision to limit access to recreational facility did not deprive plaintiff of a liberty interest protected by the due process clause of the Fourteenth Amendment.
Simko v. Town of Highlands, 276 Fed.Appx. 39 (2nd Cir.2008).
Affirming District Court. Area searched by Town Animal Control Officer was not within the curtilage of plaintiff’s home and, therefore, he did not sustain a constitutional violation.
Espinosa v. Petro, 53 AD3d 408 (1st Dept. 2008). Reversing trial court, and finding that there was no question of fact that oil company improperly locked fuel cap after delivery the day before plaintiff tripped and fell.
McFadden v. Village of Ossining, 48 AD3d 761 (2nd Dept. 2008). Reversing trial court, and finding that Village sign not the proximate cause of plaintiff’s accident.
Affri v. Basch, 45 AD3d 615 (2nd Dept. 2008). Reversing trial court, and finding that homeowner was not liable for injury by handyman because homeowner did not exercise supervisory control.
49 East Maple Avenue, Inc. v. Loniewski, 50 AD3d 628 (2nd Dept. 2008). Affirming supreme court, and finding that a denial of a building permit - even if arbitrary - is not a constitutional violation under 42 USC §1983.