In deciding whether to pursue an appeal, you should consider the potential reward, the cost, and the probability of success. The Court statistics stated below do not necessarily indicate the probability of success in your appeal, as the statistics are based upon a mix of cases, and no two cases are exactly the same. The probability of success in your appeal cannot be estimated until your appellate attorney knows all of the facts of your case, and the applicable law.  

In 2021, in the Appellate Division, Second Department, some 2,386 civil appeals were disposed of after oral argument or submission.  Of those, 460 (or 19.27 %) resulted in a “reversal,” i.e., the appeal was successful, and the order or judgment was changed completely in the appellant’s favor.  An additional 460 civil appeals (or 19.3 %) were “modified,” i.e., one or more parts of the order or judgment was changed in the appellant’s favor.  Some 1,192 civil appeals (50 %) resulted in an “affirmance,” i.e., the appeal was not successful, and the order or judgment that was appealed from was not changed by the Appellate Division in any way.  The Second Department dismissed 392 of these perfected civil appeals; and it disposed of the remaining 93 in some “other” manner).

Statistically, the success rate for criminal appeals is lower. For example, in 2021, in the Appellate Division, Second Department, some 721 criminal appeals were “perfected.” Of those, 62 (or 8.3 %) resulted in a reversal;  75 (or 10.4 %) resulted in a modification.  Some 511 criminal appeals (70.9 %) resulted in an affirmance.  The Second Department dismissed 6 criminal appeals in 2021; and it disposed of the remaining 67 in some “other” manner).

In 2021, in the Appellate Division, First Department, some 1780 civil appeals were disposed of after oral argument or submission.  Of those, 296 (or 16.6 %) resulted in a reversal;  263 (or 14.8 %) resulted in a modification.  Some 1,018 civil appeals (57.2 %) resulted in an affirmance.  The First Department dismissed 189 of these appeals; and it disposed of the remaining 14 in some “other” manner.

That same year, in the First Department, some 510 criminal appeals were disposed of after oral argument or submission.  Of those, 31 appeals (or 6.1 %) resulted in a reversal;  74 (or 14.5 %) resulted in a modification.  Some 390 criminal appeals ( 76.4 %) resulted in an “affirmance.” The First Department dismissed 5 criminal appeals in 2021; and it disposed of the remaining 10 in some “other” manner.

In 2021, our State’s highest Court, the Court of Appeals, in Albany, decided only 37 civil appeals, affirming 12, reversing 18, modifying 1, dismissing 1, and disposing of 5 is some other manner.  In only 16 of those civil appeals was permission to appeal granted by the Court of Appeals.  The Appellate Division had granted permission in 5 cases;  in 7 there had been a dissent in the Appellate Division;  and 3 involved a constitutional question. 

In that same year, the Court of Appeals decided only 44 criminal appeals, affirming in 28, reversing in 17, and modifying in 2.  In only 30 of those criminal appeals was permission to appeal granted by the Court of Appeals – just 1.8% of the 1,658 applications that it received.  In 14 cases, permission had been granted by the Appellate Division.  

Source: NEW YORK STATE UNIFIED COURT SYSTEM 2021 ANNUAL REPORT, pp.57-58
https://www.nycourts.gov/legacyPDFS/21_UCS-Annual_Report.pdf