Q: I understand I have 35 days from the date of mailing to file the appeal. Does filing a motion to get permission to appeal affect how much time I have to file the notice of appeal?
A: David's Answer: Regarding your 2d question: no, it does not. You must do BOTH - you must file the notice of appeal (with ancillary documents) as well as the motion for permission to file an appeal when appealing from a temporary order. At the least the notice of appeal should be filed within the 35-day deadline while the motion should ideally be filed simultaneously or as soon thereafter as possible. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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