Charles Holster

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.

Hofstra University

MBA (1982) | Finance

1979 - 1982

Maurice A. Deane School of Law at Hofstra University

J.D. | Law

1979 - 1982

State University of New York - Stony Brook

B.A. | Economics

1977 - 1979

Activities: Debate Society

Owner

Law Offices of CHARLES E. HOLSTER III, ESQ.

1984 - Current

For more than 38 years, I have been representing clients in civil and criminal appeals, and complex litigation.

"What Constitutes Probable Cause for a `Real-time' CSLI Warrant?"

Nassau Lawyer

March, 2022

"Real-time Cell-Site Location Information: Where Are We Going?"

Nassau Lawyer

January, 2022

"The Government Must Now Obtain A Warrant To Compel Disclosure of Cell Phone Location Records"

LLRX

October, 2018

“Jury Instructions as Grounds for Appeal”

Nassau Lawyer

March, 2014

“Arizona v Gant Applied by NY Courts to Vehicle Searches

Nassau Lawyer

June, 2011

"Family Court Appeals", Nassau County Bar Association

April 21, 2008

Nassau Academy of Law

“Evaluation of Professional Licenses and Practices”, Nassau County Bar Association

Nassau Academy of Law

Appeals Panel, Assigned Counsel Defender Plan

Appellate Division, Second Department, 1986 -

Nassau County Bar Association  # 14045

Member

1984 - Current

Activities: Appellate Practice Committee; Publications Committee; Criminal Law and Procedure Committee; Matrimonial Law Committee

New York

Since 2004

2nd Circuit

Since 2005

U.S. Court of International Trade

Since 1986

U.S. District Court, Eastern District of New York

Since 1986

U.S. District Court, Southern District of New York

Since 1986

U.S. Supreme Court

Since 2006

• 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.

Appeals & Appellate

Civil Appeals, Federal Appeals

Criminal Law

Criminal Appeals

• Civil Appeals
• Criminal Appeals
• Complex Litigation
• Administrative Law

Q. Article 50 - Judgments GenerallyR5015 - Relief From Judgment or Order. be use on a 2 years 7monthcase?

October 3, 2023

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?

June 16, 2023

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

March 9, 2023

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