Appellate

We Will Meet Your Goal

Whether your goal is to reverse an adverse ruling or protect a favorable one, winning an appeal requires special skills - concise and persuasive writing, expertise in oral advocacy, superior research abilities and knowledge of the rules that are unique to this practice. Trusting an appeal to an attorney who lacks appellate experience can cost thousands of dollars or cause a meritorious appeal to be lost because of procedural pitfalls.

Hancock & Estabrook is dedicated to providing the highest quality appellate services, combining skills and experience to win high stakes appeals. Our talented attorneys have authored law review articles and worked as judicial clerks for state and federal court judges, and are often invited to speak at CLE seminars. The practice includes Hon. Stewart F. Hancock, Jr., retired from New York's highest court, the Court of Appeals.

A Reputation for Excellence

As part of our practice, we handle appeals referred to us from lawyers outside the Firm, who seek the benefit of our specialized experience and fresh perspective. We provide candid and objective advice on whether an appeal should be pursued and the issues that are likely to prevail. Our appellate attorneys have earned a reputation for excellence in written and oral advocacy, delivering the focused presentation that appellate courts expect and the outstanding service our clients deserve.

Recent successes in this areas are reflected by the following cases:

• Starr v. County of Cortland, 2004 N.Y. Slip Op. 2450, 774 N.Y.S.2d 596 (3d Dept. 2004) - won reversal of $1.7 million jury verdict against Cortland County in case alleging lack of adequate police protection;
• Bausch v. Machovoe, --- N.Y.S.2d ----, 2004 WL 1327818, 2004 N.Y. Slip Op. 04953, N.Y.A.D. 4 Dept., Jun 14, 2004 - won reversal for insurance company client of decision ordering defense and indemnification in automobile accident case;
• McMahon v. HMS Packaging Corp., 302 AD2d 1012 (4th Dept. 2003) - achieved dismissal of Labor Law § 240 case after lower court granted summary judgment in favor of plaintiff;
• Firth v. State of New York, 306 AD2d 666 (3d Dept. 2003) - successful appeal in groundbreaking defamation case based on alleged republication of report moved to new directory on State's web site;
• Estate of Anglin v. Kelley, 270 A.D.2d 853 (4th Dept. 2000) - won reversal for defendant in case involving dispute over purchase of partnership interest and obtained $1.4 million judgment for client;
• Smith-Hunter v. Harvey, 95 NY2d 191 (2000) - obtained favorable ruling from Court of Appeals on what constitutes a favorable termination" to maintain malicious prosecution action;
• People v. Nicholson McCoy - submitted amicus curiae brief in death penalty cases; and
• Pataki v. New York State Assembly, et al., 2004 N.Y. Slip Op. 2980 and Silver v. Pataki, 3 A.D.3d 101 (1st. Dept. 2003) - representing the New York State Senate.