Appellate Attorneys: Mootness for Civil and Criminal cases

Did you lose - do you need to file a Civil Appeal? Faced with jail time, do you need a Criminal Appeals Attorney, an Appellate Attorney? The case is People v. DEYAK, 2024 NY Slip Op 62039 - NY: Appellate Term, 2nd Dept., 2024, and the Appellate Court, the Second Department Appellate Court, requires that you inform the Appellate Court if the matter is resolved before the appeal is heard or, in legal terms, the appeal becomes moot.

There are certain circumstances where you will be sanctioned or hit with costs/fees if you do not comply with the rules of the Court, whether it is a New York Court, a Florida Court or a Federal Court, and wasting the time of the Court is one where you will get hit hard!

Whether it is the appeal of a New York Accident? Suffolk County Speeding Ticket? Appearance ticket in Need to appeal a Central Islip Conviction or the Traffic and Parking Violations Agency guilty at trial?

Here, the "Appeal from an order of the District Court of Suffolk County, Traffic and Parking Violations Agency, entered October 17, 2022," resulted in an "order to show...before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the appellant and the respondent or their respective counsel pursuant to 22 NYCRR 730.3(c)." The Court's time is valuable and if you waste it, whether it is a traffic appeal or a civil appeal, you are going to suffered costs.

The key point is if you resolve your case and the appeal no longer matters, you better tell the Appellate Court right away!

The Second Department, the Appellate Court, states that [u]Under the circumstances sanctions are not warranted" with the strong admonition that "Counsel are reminded of their obligation under the aforesaid rule to immediately notify the court 'when a matter or any issue has been rendered moot.' "

The case is People v. DEYAK, 2024 NY Slip Op 62039 - NY: Appellate Term, 2nd Dept., 2024, and tells both the Appellant (the motorist) and the Respondent (the Suffolk County Traffic and Parking Violations Agency) that sanctions and costs may issue if the Appellate Court is not informed when a matter is moot (e.g. by resolution of the traffic ticket in the court or by the Suffolk County Traffic and Parking Violations Agency).

Cory H. Morris, Esq. New York and Florida, Injury, Addiction, Accident, Call the Law Offices of Cory H. Morris, 631-450-2515 (NYS) (954)-745-4592 (FLA).

New York State Traffic Accidents, Criminal Attorney, Appellate Attorney, Suffolk County Speeding, Traffic Accidents and Nassau County Traffic Violations and Accident Injury, Freedom of Information Law and CPLR Article 78 and Appeals;

Traffic and Parking Violations Agency matters | Call 631-450-2515 or E-Mail info@CoryHMorris.com to arrange for an evaluation of your matter (injury, accident, traffic matter, criminal matter or appellate matter).