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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.

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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Hofstra University Logo
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 Experience
Owner
Law Offices of CHARLES E. HOLSTER III, ESQ.
- Current
For 39 years, I have been representing clients in civil and criminal appeals, and complex litigation.
Publications
Articles & Publications
The Windows of Opportunity for Reargument Motions
Family Law Review (New York State Bar Association, Family Law Section)
"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 -
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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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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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.
Practice Areas
Appeals & Appellate
Civil Appeals, Federal Appeals
Criminal Law
Criminal Appeals
Additional Practice Areas
  • Civil Appeals
  • Criminal Appeals
  • Complex Litigation
  • Administrative Law
Languages
  • English
Legal Answers
Q. Seeking representation for child support arrears and court judgment issues in NY.
A: You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it now.
Q. Foreclosure case: Settle for $100k or wait for appellate court decision?
A: I would not make any recommendation to a client without first knowing all of the facts, which usually requires a review of the court documents in the case, as well as speaking to the clients.

But, in order decide whether to accept a settlement offer, rather than waiting for a decision on a pending appeal, the client and the attorney have to consider the appeal's probability of success, and the amount of money that is at stake.

In the case you are inquiring about, if there is any chance that the bank could win its appeal, and thereby get a judgment against the client for $1.1 million, then I would recommend that the client accept the bank's offer to pay the bank a settlement of $100,000. But again, I don't know all the facts. There could be other legal or personal reasons for not accepting the bank's offer. ... Read More
Q. Can I pursue a civil lawsuit for damages related to a successful 440.20 motion not honored by the court?
A: This question cannot possibly be answered unless I review your entire file. I would charge for that by the hour, or I could quote you a flat fee after seeing how big the complete file is when you bring it to my office.
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Websites & Blogs
Website
AppealNY.com
Website
Facebook
Website
LLRX
Website
SSRN
Blog
Charles Holster
Contact & Map
Charles Holster Appellate Attorney
666 Old Country Road.
Suite 600
Garden City, NY 11530
US
Telephone: (516) 747-2330
Fax: (516) 877-0476