Law Office of Ellen O'Hara Woods

Criminal (felony and misdemeanor), civil and administrative appeals and post-judgment practice. Eve

Ellen O'Hara Woods has practiced law in Rockland County, New York, since 1995. She is admitted in the State of New York, as well as the Southern District and the Eastern District of New York and the Second Circuit Court of Appeals. In 2017, Ellen was admitted to argue before the United States Supreme Court. Ellen was a prosecutor with the Rockland County District Attorney's Office for eleven year

03/03/2023

Doing a little housekeeping on the website, www.rocklandappeals.com. Please feel free to contact me at [email protected] with questions you may have on any appellate or post-judgment matter.

Appeals Expertise You Can Rely On. Criminal and civil appellate practice. Evening hours by appointment. appeals

02/01/2022

What is a stay pending appeal, and how does a stay affect litigation? This question has come up frequently in the past few days in the context of the state's mask mandate, but clients do occasionally ask if a stay pending appeal is possible in their own appellate litigation. This is how it works.

When a party seeks to appeal a decision that has the potential to cause great harm, they may seek to have the decision stayed while their appeal is pending. A stay pending appeal keeps the lower court decision from going into effect until the appeal is decided.

In order to obtain a stay, the appellant needs to show that (1) irreparable harm would result in the absence of a stay and (2) there is a likelihood that their appeal will ultimately succeed in overturning the lower court decision.

In some cases where the potential harm is very great, the appellant may seek a temporary restraining order or TRO while they make their application for a stay. If granted, a TRO will likely remain in effect for only a few days - until the stay application is decided.

If the stay pending appeal is denied, the appeal process continues with the lower court decision in place, unless ultimately reversed when the appeal itself is decided.

When considering whether to seek a stay pending appeal, remember that time is of the essence.

10/27/2021

If you have recently received an unfavorable verdict, judgment or order in a criminal or civil matter, you may be considering whether an appeal to a higher court is a good idea. In order to preserve your right to appeal, should you decide to do so, a notice of appeal must be filed with the court within 30 days of the verdict, judgment or order. Speak to your trial attorney, or contact my office for further information to assure your right to appeal is protected. www.rocklandappeals.com

Appeals Expertise You Can Rely On. Criminal and civil appellate practice. Evening hours by appointment. appeals