Saturday, August 16, 2014

In a temporary order for a custody case do I have to file a motion to get permission to appeal?

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 (

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