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Appellate Litigation

Mintz & Gold’s Appellate Litigation brings unsurpassed expertise to the complex field of appellate advocacy. This practice area is headed by Steven G. Mintz, who clerked at the New York State Court of Appeals for the Honorable Vito J. Titone, and the Honorable Howard Miller, who served as an Associate Justice of the Appellate Division, Second Department from 1999-2010. The Mintz & Gold appellate team has successfully argued numerous appeals before the New York State Court of Appeals and is often consulted and retained as co-counsel by national and international law firms which have matters pending before the New York State Court of Appeals. Due to the unique nature of the procedural and jurisdictional requirements of the New York State Court of Appeals, specific expertise is needed to both formulate and properly present a matter for review through an appeal as of right or a motion for leave to appeal. Mintz & Gold’s expertise in this area is unparalleled.

The Mintz & Gold appellate team has also successfully argued appeals before the U.S Court of Appeals for the Second and Third Circuits. Our Federal appellate practice is bolstered by Kevin M. Brown, who clerked for Judge Gerald Bard Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit.

Appellate practice differs from trial practice in several fundamental ways. The success or failure of an appeal can be significantly influenced by the appellate brief. That brief must summarize the key facts in a persuasive manner; identify the issues central to the outcome below; and explain how the trial court’s decision is supported by, or is inconsistent with, the governing law. At oral argument, a litigator will often have little time to tell his story, but must immediately and persuasively respond to questions on any aspect of the case which has attracted the attention of a member of the appellate panel. Mintz & Gold’s experienced appellate attorneys know how to advance an appellant’s cause in the manner most likely to persuade an appellate court.

Mintz & Gold’s Appellate Litigation offers trial attorneys from other firms a fresh new perspective on their case. Attorneys who have lived with a matter from inception through judgment often lose that perspective. Trained appellate counsel brings a fresh set of eyes to evaluate the record and determine which arguments offer the greatest chance of success.

For more information, please contact Steven Mintz.