Appeals

David Moss & Associates has experience in appealing Housing Court decisions and/or orders for both landlords and tenants. Our attorneys have been able to help clients reverse an unfavorable decision or order issued by the Housing Court in numerous instances.

Appealing Housing Court decisions and/or orders may be sought by both landlords and tenants who are unsatisfied with Housing Court decisions/orders. The normal venue of appeal from decisions made in Housing Court is the Appellate Division of the Supreme Court. If the outcome remains unsatisfactory at the Appellate Division, one may appeal that decision at the New York State Court of Appeals. A notice of appeal must be filed within 30 days from the service of the judgment or order appealed from (i.e. Housing Court decision) – the opposing party may file a cross-appeal within 10 days.

The following needs to be filed and/or prepared in order to appeal a Housing Court decision or order. First, one needs to serve a copy of the transcript of the hearing (at the Housing Court level) to the opposing party. Here, this transcript needs to be “settled” – examined and reviewed for accuracy by the Court. In doing so, the appellant will need to serve a Notice of Settlement of Transcript to the opposing party to let it know of the date on which the judge will “settle” the transcript. Also, the appellant must file a notice of appeal and serve it to the opposing party.

It is important for landlords or tenants facing Housing Court decisions/orders unfavorable to them to consult an able, experienced attorney who will increase the odds of successfully reversing that judgment/order. At David Moss & Associates, we have had an extensive experience in reversing decisions/order for both landlords and tenants.