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Appellate

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 continuing legal education (CLE) seminars.

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.

Successes in these areas are reflected by the following cases:

  • Starr v. County of Cortland - Won reversal of $1.7 million jury verdict against Cortland County in case alleging lack of adequate police protection; 2004 N.Y. Slip Op. 2450, 774 N.Y.S.2d 596 (3d Dept. 2004).
  • Bausch v. Machovoe - Won reversal for insurance company client of decision ordering defense and indemnification in automobile accident case; --- N.Y.S.2d ----, 2004 WL 1327818, 2004 N.Y. Slip Op. 04953, N.Y.A.D. 4 Dept., Jun 14, 2004.
  • McMahon v. HMS Packaging Corp., 302 A.D.2d 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 A.D.2d 666 (3d Dept. 2003) - Successful appeal in groundbreaking defamation case based on alleged republication of report moved to new directory on state's website. 
  • 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.
  • Pataki v. New York State Assembly, et al. and Silver v. Pataki - Represented the New York State Senate; 3 A.D.3d 101 (1st. Dept. 2003), 2004 N.Y. Slip Op. 2980.