New York's appellate judicial system comprises the Court of Appeals (the highest court), the Appellate Division (divided geographically into four Departments), the Appellate Term (of which there are three), and county courts (50 of which possess appellate jurisdiction). "The appellate process in the New York State courts presents a puzzle of staggering complexity * * * aris[ing] from the intricacy of the appellate rules themselves and from seemingly endless variations on those rules among the various appellate courts" (Davies, Stecich & Gold, New York Civil Appellate Practice § 1.1 [West 1996]). The rules of appellate practice derive from the State Constitution, state statutes, individual court rules and unwritten rules and customs. The Federal Rules of Appellate Procedure, individual Circuit Court rules and the U.S. Supreme Court rules are likewise diverse and complex.

These procedures govern all stages of the appellate process, from font size and citation form to whether an appeal is permissible, whether an issue is preserved for appellate review, the time within which to appeal, the proper method and form of the appeal, how to protect your right to oral argument and appropriate motions unique to each appellate court. Failure to strictly comply with these rules can have the disastrous result of a limited review of the case or even the outright dismissal of an appeal on a procedural ground without regard to its merits. Thus, a comprehensive mastery of these rules is imperative not only when practicing in the appellate courts, but during the trial stage as well.

An appellate practitioner, proficient at navigating these varied and complex rules and their interplay with one another, is infinitely more effective than an attorney unsure of the appellate practice. As a result, appellate attorneys can devote their time to the substance of the appeal rather than researching and learning the nuances of appellate procedure -- thereby handling the appeal efficiently and cost-effectively. In addition, appellate counsel can minimize the risk of sanctions imposed by the court as well as malpractice claims filed by disgruntled clients whose case was dismissed or lost because of failed adherance to the rules.