Appellate Practice

APPELLATE ATTORNEY IN ROCHESTER, NY

Fresh Perspective and Focused Strategy for Civil & Criminal Appeals

When a case doesn’t end as it should, an appeal may offer a second chance. Even if you have prevailed at trial, you may still face an appeal to defend that success. At David Sieling Law PLLC, our attorneys bring decades of experience to complex appellate matters across New York State. We collaborate with clients, as well as their trial counsel, to present an appellate case that is strategic, incisive, and focused on securing a just outcome.

Our Appellate Services

We represent clients in a wide range of civil appeals, including:

• Estate, trust, and probate matters
• Personal injury and tort claims
• Contract and property disputes
• Appeals referred from trial counsel
  
  

What Makes Appeals Different

Appeals aren’t retrials. Their purpose is to highlight legal errors and persuade appellate judges that the order or judgment appealed from is wrong. Success requires sharp reasoning, compelling writing, and a deep understanding of appellate procedure. Many appellate decisions may turn on a fact which was overlooked or underappreciated in the trial court. Sometimes, even though the lower court has followed the proper legal precedent, those precedents themselves must be challenged.

Our Approach to Appeals

We begin any appeal with a thorough review of the case record to evaluate a potential appeal. Next, we develop a strategic outline of your position in relation to the issues presented by the appeal. From that point, we collaborate closely with you and your trial counsel to refine the approach, ensuring that the strongest perspective is emphasized and all potential strengths are presented. With that clear plan in place, we then meticulously draft the necessary appellate briefs. We proceed to monitor the relevant caselaw and note developments which might affect the appeal during the time the appellate court is considering the case. Finally, we advocate for you before the panel of judges who preside over the outcome of the case at oral argument. This distinct presentation of the case requires anticipating the court’s toughest with confidence. At every step, we’re focused on building a compelling appeal that aims for the just outcome you deserve.

Why Choose us for Your Appeal?

With a proven track record in high-stakes appeals, we thrive on untangling complex legal issues and tackling challenging cases. Clients trust us for clear thinking, strategic advocacy, and professional precision when the stakes are highest.

Notable Appellate Victories

Here are a few examples of our success in the New York State Appellate Division:

• Matter of Estate of Keough, 196 AD3d 160 [4th Dept 2021]: we secured a unanimous Appellate Division reversal, establishing a key precedent for distributing after-acquired assets under New York estate law.
• Otero v Rochester Broadway Theatre League, Inc., 235 AD3d 1287 [4th Dept 2025]: we achieved a unanimous Appellate Division reversal, reinstating our client’s slip-and-fall claim and establishing a new precedent that easement holders, as owners of a dominant estate, have a duty to maintain property in a reasonably safe condition.
• Matter of Will of Rodriguez, 2025 NY Slip Op 03415 [4th Dept June 6, 2025]: we achieved a unanimous Appellate Division reversal in a contested probate battle, overturning the grant of summary judgment admitting a disputed will, ensuring our clients’ objections to testamentary capacity, intent, and undue influence could proceed to a full trial for a fair resolution.
• Matter of Estate of Ford, 231 AD3d 1537 [4th Dept 2024]: we won a unanimous Appellate Division affirmance, upholding a Surrogate’s Court decision which voided an improper property transfer under a power of attorney, protecting our client’s inheritance by securing half of the $180,000 sale proceeds for Carol Ford’s estate and ensuring title certainty in a complex estate dispute.

Please note: These examples are illustrative only and do not disclose confidential details. Each case is unique, and past results do not guarantee future outcomes.

Take the Next Step Today

Considering an appeal or facing one? Contact our team now to review your case and explore your options. Book a consultation with David Sieling Law PLLC for expert guidance and personalized support.