QC Appeals

Our Appellate Practice

Quatela Chimeri has one of the most active, robust and successful appellate practices in New York State—an area filled with daunting substantive and procedural challenges. Led by one of its founding partners, Christopher J. Chimeri, QC has perfected and argued dozens of appeals and countless motions and stay applications in Appellate Divisions including the New York Court of Appeals, the highest court in the State.

Included among its appellate team, QC is privileged to have partner Hon. Joseph Covello, former Justice of the Appellate Division, Second Department and Attorney James N. Salvage, Jr. who bring their extensive depth and breadth of experience to deliver successful results. QC proudly reports that cases argued on appeal by its lawyers have been cited in hundreds of other decisions by trial and appellate courts throughout the state. Below are summaries of decisions rendered on just some of the appeals handled by QC’s attorneys. Links to the published decisions are also provided.

Matter of Brooke S.B. v Elizabeth A.C.C. (NY Court of Appeals, August, 2016)

The high court was called upon to reverse a long-standing premise regarding the standing of a non-biological, non-adoptive partner to seek custody and visitation of a child that same-sex partners agreed to raise together.

Ferrante v. Ferrante (August 2020)

Reversed trial court which improperly directed client to pay in excess of $500,000 to former spouse.

Cohen v. Cohen (April 2019)

Reversed lower court’s decision denying an interim award of counsel fees and granting client’s request for an award in the amount of $30,000.

Katsoris v. Katsoris (December 2019)

Reversed a trial court decision that modified our clients access time with one of the children without a hearing.

Bograd v. Bograd (February 2020)

Persuaded the Appellate Court to modify a lower court decision improperly calculating certain credits when equitably distributing the marital estate.

Connor v. Connor (April 2019)

Upheld the lower court’s determination which found payor in willful violation for failing to pay court ordered support and denied payor’s request to decrease support based upon a change in circumstances.

Fortgang v. Fortgang (March 2019)

Reversed a lower court’s determination awarding father a money judgment for “overpayment of support” despite his voluntary payments of child support beyond the emancipation of each child.

Yuliano v. Yuliano (September 2019)

Reversed numerous errors in trial court decision which failed to award wife sufficient spousal maintenance and failed to distribute certain marital accounts between the parties.

Fasano v. Fasano (September 2018)

Reversed and remanded a lower court decision denying a party an upward modification of child support due to a substantial change in circumstances.

Santamaria v. Santamaria (November 2019)

Reversed lower court decision which improperly required party to pay child support retroactive to the date of commencement under the circumstances of the case thereby saving client two years of back support and reversed that part of the Judgment of Divorce which failed to require spouse to pay any of the student loan debt of the client which was incurred during the marriage.

Davidman v. Davidman (July 2012)

Reversed the trial court that awarded 50% of the appreciation of a client’s separate property residence to the non-titled spouse and which further directed its sale; remanded the child support order for recalculation due to the lower court’s failure to give the client an appropriate credit for the payment of carrying charges on his separate property residence.

Kelly S. v. Farah M. (April 2016)

In a groundbreaking decision, Mr. Chimeri successfully argued that the lower court was correct in finding that the non-biological parent had standing to seek visitation with the two children of a same sex relationship.

Iacono v. Iacono (December 2016)

Reversed substantial portions of the lower court’s findings after trial which failed to consider the client’s spousal maintenance claim; erroneously gave other party a credit for separate property that was deemed marital and reimbursed client for 50% of sums taken out of marital accounts prior to and after the commencement of the action.

Miller v. Fitzpatrick (February 2017)

Reversed in toto a Support Magistrate’s order miscalculating child support, improperly imputing income to a non-working custodial parent and denied client’s claim for counsel fees.

Westbrook v. Westbrook (August 2018)

Corrected lower court’s failure to award client a credit for sums paid toward the principle balance of the parties first mortgage and HELOC made during the pendency of the action.