Experience & Highlights

Sample Appellate Decisions

Ciardullo v. Smith

2025 NY Slip Op 01216, ___ A.D. 3d ____ (2nd Dpt. Mar. 5, 2025)

I won affirmance of a custody modification order on behalf of a single parent, based upon the parties’ inability to communicate and engage in joint decision-making concerning the child

Marilyn Y. v. Carmella Z.

230 A.D.3d 1402, 219 N.Y.S.3d 200, 2024 NY Slip Op. 04425 (3rd Dpt. Sept. 12, 2024)

I won affirmance of a grandparent visitation order by demonstrating that there was a sound and substantial basis for Family Court’s determination that it was in the child’s best interests to provide a set schedule of visitation between the young child and her grandparent

 

Matter of Ivy R.Q.M. (Afroz M.)

184 A.D.3d 833, 2020 WL 3443367, 2020 N.Y. Slip Op. 03514 (2nd Dpt. 2020)

I won affirmance on behalf of neglected children – dirty house, domestic violence, substance abuse

Matter of Tyquan J.B. (Jimmy B.)

2019 WL 3436674 (2nd Dpt. 2019)

I won reversal of neglect finding on behalf of child and I persuaded the appellate court that the child was aggrieved by the lower court’s ruling against his parents

 

Royster v. Murray

2018 WL 343755 (2nd Dpt. 2018)

I won reversal of a family offense order of protection decision; the appellate court held that Family Court lacked jurisdiction over the parties

Bruzzese v. Bruzzese

152 A.D. 3rd 563 (2nd Dpt. 2017)

I won reversal of a matrimonial custody order on behalf of a teenage client

Matter of Himallay M.F.G. (Cherry A.G.) – Westchester County DSS, Respondent v. Cherry A.G., Appellant

141 A.D. 3d 521, 35 N.Y.S. 3d 259, 2016 N.Y. Slip Op. 05370 (2nd Dpt. 2016)

I successfully argued on behalf of a foster child for affirmance of a Family Court order and judgment that the biological mother’s rights should be terminated and the child freed for adoption

Skipper v. Pugh

128 A.D. 3rd 972 (2nd Dpt. 2015)

I won affirmance of a Family Court custody order

People v. Redding

2014-04520 (2nd Dpt. 2014)

I won leave to appeal the trial court’s summary denial of a Criminal Procedure Law Section 440.10 motion to set aside a felony criminal sentence

Murphy v. Lewis

2013 WL 2321682 (2nd Dpt. 2013)

I won reversal of a Family Court custody order after the trial judge refused to sign a subpoena for certain information necessary to my client’s defense

 

People v. Urbina

951 N.Y.S. 2d 753 (2nd Dpt. 2012)

I won reversal of a felony criminal conviction based on the judge’s improper charging instructions

People v. Graves

943 N.Y.S. 2d 593 (2nd Dpt. 2012)

I won rehearing of a plea bargain issue after my client was deprived of the right to meaningful assistance of counsel

People v. Hoffstead

905 N.Y.S. 2d 736 (N.Y. Appellate Term, 2010), leave to appeal denied, 16 N.Y. 3d 743, 917 N.Y.S. 2d 625 (Table) (2011)

I won dismissal of a loitering for panhandling charge on the grounds that the First Amendment’s Free Speech Clause protected the client’s statements that he was hungry and homeless and in need of donations from the public

Criminal Defense

Experienced and successful in the representation of individuals charged with misdemeanor & petty offenses in the Village, Town and City Courts of Westchester County.

Types of charges: DWI, petit larceny, criminal mischief, marijuana & controlled substances offenses and more

Has conducted arraignments, plea bargaining, suppression hearings, fact-finding hearings, settlement conferences, trials and more

Successfully challenged constitutionality of a State penal statute on Federal Constitutional grounds. (See Media)

Accident Cases

Successful experience in all phases and facets of civil personal injury litigation. Types of cases: slip & fall; trip & fall; sexual assault; wrongful death; automobile accidents (No-Fault); malicious prosecution.

Serving Underserved Populations

More than two decades of professional accomplishment working on behalf of low-income minorities, immigrants, the homeless, and disadvantaged people:

Conducted research, designed program models, secured funding, and helped to implement legal services, social services, and education, health and economic programs for thousands of needy individuals and families.

Provided peer support and advocacy for victims and survivors of interpersonal abuse, violence and trauma

Since 2004, providing legal representation to low-income individuals unable to afford retained counsel in misdemeanor criminal matters and Family Court matters

Advocacy and Support

Established and ran an advocacy and support organization for victims of interpersonal violence:

Drafted articles of incorporation, bylaws, funding application, brochures and public relations materials, and press releases

Recruited, trained and managed Board of Directors

Organized art exhibitions at the United Nations, US Department of Justice (Washington), New York State Capitol Building (Albany, NY), Brooklyn and Queens Borough Halls, Bronx Museum of Art, Fordham University, Hunter College, Kingsborough Community College, and St. Luke's Hospital

Held Conferences and Workshops at: YWCA of Brooklyn; Park Slope Women's Shelter; Fordham University; Columbia University; Columbus Ohio; Orinda, California

Get in Touch
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The Birman Law Office D/B/A

Law Office of Carl D. Birman, PLLC

 

P.O. Box 13592

Albany, NY 12212

W: 518-952-0516

M: 914-216-1766