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Can i do a motion for reconsideration or appeal based upon when reading the decision i was informed that i didn't indicate

Floral Park, NY |

indicate certain information and now want to address those issues?

Attorney Answers 3

  1. No. You are responsible for presenting all the necessary evidence in your case at the time of trial.

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  2. You can file a motion to reargue if you think the court missed something but if you didn't put something in the record or you didn't argue something you don't get a second chance.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  3. Under CPLR 2221(e), you could do a motion for leave to renew but per subsection (3) you would have to provide a reasonable justification for not previously providing missing facts. Generally, although not exclusively, those facts would not have been available at the time of your original opposition to the motion. The court has discretion.

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