An Overview of New York State Courts

The Family Courts in New York State are trial courts that can hear only specific types of cases, including those related to the abuse or neglect of children, adoption, custody and visitation, domestic violence, foster care approval and review, guardianship, juvenile delinquency, paternity, persons in need of supervision, and support.

Disputes brought in Family Court are called “proceedings.” The person commencing a Family Court proceeding is “Petitioner.” The other party is “Respondent”. The Supreme Court in New York State is the trial court of general jurisdiction and, despite its name, is the lowest such court in the New York State judicial system. The Supreme Court hears all cases that arise under the New York’s State Constitution and laws.

Disputes brought in New York State Supreme Court are called “actions”. The party alleging wrongdoing is “Plaintiff” and must file a complaint setting forth the facts alleged, and the relief sought against “Defendant.” All New York State actions for divorce, separation and annulment must be commenced in Supreme Court. The Appellate Division of the New York State Supreme Court is the intermediate appeals court. It is divided into four different departments, each of which serves several counties. The Appellate Division decides issues of law. A panel of five justices decides whether the law was applied correctly by the trial court (either Family Court or Supreme Court). The party who does not prevail on the appeal may then have the right to appeal to the New York State Court of Appeals. The New York State Court of Appeals is the highest state court. It has a seven-judge panel. Like the Appellate Division, the Court of Appeals only decides questions of law.

All decisions of the Court of Appeals are binding on all courts in New York State. A ruling of the Court of Appeals is usually final, although in rare instances a case may advance from the Court of Appeals to the United States Supreme Court. Whatever your matrimonial or family issues are, all legal procedures must be carefully followed. The experienced attorneys at O’Connell & Aronowitz will guide you through the court system and protect your legal rights. Contact us today at oalaw.com