Appellate Practice Attorney serving New York, NY
Short answer - YES, but you have probably already waived any claim you might have had. When they asked you for the money, you could have refused and sued to compel them to release your transcript. Instead, you voluntarily paid them, and then waited and still haven't sued. You would have a very difficult time trying to argue that you hadn't waived your claim, and even if you win on that issue, there is still no guarantee that you will prevail on the ultimate issue of whether you owed the money in the first place. It is very difficult to be sure without more details, but it sounds as if the appeals process would be easier, cheaper, and give you a better chance to win than court. However, don't proceed with the appeals process if you have any intent of subsequently going into court. You only get one bite of the apple.
Answered on Dec 31st, 2012 at 10:09 AM