Full question:
I am working on perfecting an appeal to the New York State Supreme Court Appellate Division, 2nd Judicial Department.As per the Rules Of Procedure-22NYCRR-Part 670 and CPLR for perfecting appeals, it is my understanding that the brief consists of a cover, the statement required by CPLR 5531, a table of contents, a concise statement of the questions involved, a concise statement of the nature of the action and of the facts which should be known to determine the questions involved and the appellant's argument. Question: What do they mean by a concise statement of the questions involved? What questions? Whom asked these questions? In our litigation to date, we had my ex-wife's Motion-Order to Show Cause, my affidavit in opposition and her reply affidavit in support. These were not presented in the form of questions? Am I to take the primary points from these documents and pose them in the form of questions and answers within my appeal-brief? Please let me know. Thanks.
- Category: Criminal
- Subcategory: Appeals
- Date:
- State: New York
Answer:
In an appeal, a concise statement of the questions involved refers to the specific legal issues that the appellate court needs to decide. These questions are typically derived from the legal arguments and issues raised during the litigation process. You should focus on the key points from your ex-wife's Motion-Order to Show Cause, your affidavit in opposition, and her reply affidavit. While these documents may not have been formatted as questions, you are expected to distill the main legal issues into clear questions that reflect the core arguments of your case. This helps the appellate court understand the specific legal matters at hand and the reasons for your appeal. Legal arguments are primarily presented through written briefs, which outline the issues to be decided and cite relevant legal authorities. Remember, appellate courts usually review legal errors rather than factual findings.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.