Practice Areas - Appellate Practice
Appellate law is complex, specifically based on whether the procedures and laws applied in trial court were proper. Successful appeals require specialized skills in analyzing trial court proceedings, researching legal arguments, and in preparing persuasive written briefs and oral arguments.
The Phelan, Phelan & Danek, LLP appellate law attorneys understand that a successful appeal requires more than citing the right legal precedent. Winning complex appeals requires skillful attorneys presenting creative briefs and oral arguments that seamlessly combine a persuasive logic with legal authority and clear reasoning.
Our appellate department supports and compliments our trial attorneys, and has distinguished itself in a number of significant cases in both the federal and state appellate court systems, including numerous appearances before the Court of Appeals, the highest state court in New York. We have successfully represented clients in complex appellate litigation across all areas of civil law, and in appeals of final orders, interlocutory appeals, and Article 78 proceedings, wherein the Appellate Division is the court of original jurisdiction. The team also handles appeals from administrative agency rulings at the local, state and federal levels.
Prior to entering private practice, Tim Brennan, who heads the firm's appellate department, served as Appellate Court Attorney for the Appellate Division Third Department. This insider experience provides the ability to reach tactical conclusions consistent with the customs and practices of various Courts that may not be explicitly embodied in the rules.
The strength of any appeal rests on the shoulders of the brief. The firm's appellate lawyers are not only experienced counselors, but also skilled researchers, legal analysts and persuasive writers. They know how to examine a case, research the issues, and write a simple, compelling legal brief.
In addition to presenting well-researched, clear legal arguments on appeal, our Appellate Attorneys have the knowledge and judgment to make proper choices as to the various procedural options which are presented in every appeal, and the experience to avoid procedural traps. Whatever the circumstances, our seasoned appellate team is adept at briefing cases in a creative, persuasive, and readable manner that is carefully adapted to the court before which the appeal is pending.