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Charles Holster

Charles Holster

Appeals (civil and criminal) and complex litigation
  • Appeals & Appellate, Criminal Law
  • New York
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Biography

Since 1984, I have had the honor of representing clients in civil and criminal appeals, and complex litigation. During that time, I have continually been learning from my colleagues, and also contributing to the advancement of the law by lecturing and authoring articles on appellate practice and other legal topics. A commitment to excellence is the driving force behind my approach to each and every case.

Practice Areas
    Appeals & Appellate
    Civil Appeals, Federal Appeals
    Criminal Law
    Criminal Appeals
Additional Practice Areas
  • Civil Appeals
  • Criminal Appeals
  • Complex Litigation
  • Administrative Law
Fees
  • Free Consultation
    An initial consultation generally lasts between 30 to 60 minutes. It is an opportunity you to provide an overview of the problem about which you are seeking legal assistance, or the ongoing court case concerning which you are seeking a second opinion. It will allow me to ascertain what the case is about, what your objectives are, what may need to be done to reach those objectives. It is not enough time in which to convey to an attorney all of the information that he would need to arrive at a final informed opinion. It is merely a starting point.
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Appeals: My fee for an appeal is an agreed upon, fixed amount, based upon the estimated time that the appeal I expect the appeal to take me to complete. I also estimate the out of pocket expenses that may be required, and an amount sufficient to cover those expenses must be paid in advance. Complex Litigation: An hourly rate is charged for ongoing litigation, since it is not possible to know how long an active case will continue.
Jurisdictions Admitted to Practice
New York
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2nd Circuit
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U.S. Court of International Trade
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U.S. District Court, Eastern District of New York
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U.S. District Court, Southern District of New York
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U.S. Supreme Court
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Languages
  • English
Professional Experience
Owner
Law Offices of CHARLES E. HOLSTER III, ESQ.
- Current
For more than 38 years, I have been representing clients in civil and criminal appeals, and complex litigation.
Education
Maurice A. Deane School of Law at Hofstra University
J.D. | Law
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Maurice A. Deane School of Law at Hofstra University Logo
Hofstra University
MBA (1982) | Finance
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State University of New York - Stony Brook
B.A. | Economics
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Activities: Debate Society
State University of New York - Stony Brook Logo
Professional Associations
Nassau County Bar Association  # 14045
Member
- Current
Activities: Appellate Practice Committee; Publications Committee; Criminal Law and Procedure Committee; Matrimonial Law Committee
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Publications
Articles & Publications
"What Constitutes Probable Cause for a `Real-time' CSLI Warrant?"
Nassau Lawyer
"Real-time Cell-Site Location Information: Where Are We Going?"
Nassau Lawyer
"The Government Must Now Obtain A Warrant To Compel Disclosure of Cell Phone Location Records"
LLRX
“Jury Instructions as Grounds for Appeal”
Nassau Lawyer
“Arizona v Gant Applied by NY Courts to Vehicle Searches
Nassau Lawyer
“New Standard for Vehicle Searches Incident to Arrest”
Nassau Lawyer
“Post-Appeal Remedies Based On New Evidence"
“New Rules for Briefs Filed in Second Department”
Nassau Lawyer
“`Reasonable Justification’ for Renewal Motions”
Nassau Lawyer
“Law Governing Renewal Motions Still Confusing (Part II)"
Nassau Lawyer
“Law Governing Renewal Motions Still Confusing”
Nassau Lawyer
“Affirmed on Other Grounds”
“Legal Weapons Against Telemarketers (Part II)”
Nassau Lawyer
“Legal Weapons Against Telemarketers”
Nassau Lawyer
“Anti-Spam Legislation Long Overdue”
“Anti-Spam Legislation Long Overdue”
Nassau Lawyer
“Harmless Error In Civil Cases”
Nassau Lawyer
“What the Dickens is Dicta?”
“Denial Without Prejudice To Renew Upon Proper Papers"
Nassau Lawyer
“An Appealing Situation (Part II)
“An Appealing Situation: What Every Attorney Should Know”
Nassau Lawyer
“Cross Appeals”
“Successfully Appealing From Summary Judgment”
Nassau Lawyer
“Silence Is Golden But Oft Times Confusing: Vague and Ambiguous Orders and Judgments"
Nassau Lawyer
“Ex-parte Communications”
The Attorney of Nassau County
“The Oral Argument In Appellate Practice”
The Attorney of Nassau County
“Against The Weight Of The Credible Evidence”
The Attorney of Nassau County
“Raising An Argument For The First Time On Appeal,
The Attorney of Nassau County
“The Different Methods of Taking An Appeal”
The Attorney of Nassau County
“The Full Record Method of Appeal,”
The Attorney of Nassau County
“Appealing The Family Court Order”
The Attorney of Nassau County
“Second Department Update”
The Attorney of Nassau County
“Appellate Review: Temporary Restraining Orders”
“Permission To Appeal To The Court of Appeals”
The Attorney of Nassau County
“Necessity of Appealing From the Right Paper,
The Attorney of Nassau County
“Enlargements of Time Still Discretionary”
The Attorney of Nassau County
“The Appealable Paper”
The Attorney of Nassau County
“Missing Materials Will Defeat Chances of Success”
The Attorney of Nassau County
“Appellate Division Enforces Time Limits”
The Attorney of Nassau County
“Making The Appellate Motion Pass Muster,”
The Attorney of Nassau County
“When Is An Office Not An Office?”
The Attorney of Nassau County
"Appellate Practice"
The Attorney of Nassau County
"Restoring Human Dignity and Lost Productivity: An Argument for the Elimination of Mandatory Retirement in New York State"
Rockefeller Institute of Government
“Let’s Keep Them Working”
Empire State Report
Speaking Engagements
"Family Court Appeals", Nassau County Bar Association
Nassau Academy of Law
“Evaluation of Professional Licenses and Practices”, Nassau County Bar Association
Nassau Academy of Law
Certifications
Appeals Panel, Assigned Counsel Defender Plan
Appellate Division, Second Department, 1986 -
Websites & Blogs
Website
AppealNY.com
Website
Facebook
Website
LLRX
Website
SSRN
Blog
Charles Holster
Legal Answers
4 Questions Answered
Q. Article 50 - Judgments GenerallyR5015 - Relief From Judgment or Order. be use on a 2 years 7monthcase?
A: This question does not involve an appeal. It involves a motion to vacate a default judgment in the lower Court. Such a motion must be filed within one year of the default. If however, the default was due to defective service of the summons and complaint, and you never knew that there was a case against you until one day there was a garnishment on your salary, or a block on your bank account, then you may be able to challenge the validity of the service. For example, if you could show that you had moved to a different address several years before the process server allegedly served the summons and complaint upon you, then you could possibly get the default judgment vacated. If, however, you did receive the summons and complaint, but just never answered it, then it is too late for you, after 2-1/2 years, to try to vacate the judgment. ... Read More
Q. If a judgement was entered to have D pay P 5k, and P appeals, does D still have to pay while the appeal is pending?
A: No. Not unless D also appealed, in which case he could obtain an automatic stay pursuant to CPLR 5519[a][2], by posting an undertaking, or making a motion for a discretionary stay under CPLR 5519[c].
Q. Are you aware of any cases that lost a Motion to Reargue - but was able to perfect an appeal? in NY
A: A: (This answer clarfies an answer given yesterday). The fact that a motion reargument was denied will not prevent you from following through with your appeal from the original order, so long as you filed a timely notice of appeal from the original order. If you did not do that, it will be too late to do so by the time the reargument motion is denied. You cannot appeal from the order which denied reargument. However, if the order that decided the reargument motion states that reargument is "denied," but it actually GRANTED reargument, in that it addressed the merits of the reargument motion before adhering to its initial decision, then the order will be treated by the Appellate Division as if reargument had been GRANTED, and that order will be appealable. In such cases, the Appellate Division will say in its decision that the lower court's order, "in effect granted" reargument. The other rare situation in which an order which says that "reargument" is "denied" may be appealable is when the motion was actually a motion for RENEWAL, in that it presented NEW FACTS, and stated a justification for not presenting those new facts on the initial motion. In that case, the Appellate Division will say in its decision state that the motion was "in effect, for renewal," and the order which denied it will be appealable. ... Read More
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Contact & Map
Charles Holster Appellate Attorney
666 Old Country Road.
Suite 600
Garden City, NY 11530
Telephone: (516) 747-2330
Fax: (516) 877-0476