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Default in Family Court question

Lindenhurst, NY |

I had a case in Family Court. A neglect petition arose on the same day of the family court case.
I appealed it the appellate court. They threw it out saying you can't appeal something on default.
They said I have to go back to the judge and ask for him to vacate it. I'm not doing that. I'm not asking my filthy lawless family court judge anything.

Do you have any other suggestions?

Attorney Answers 4

Posted

First of all, calling the Family Court Judge "filthy lawless" on a website will do nothing to help your case.

Secondly, what was told to you was completely correct. You cannot appeal a default judgment because the court did not consider any arguments made on your behalf.

If the order was entered on default, then the only way to get your case heard is to make a motion to vacate the default judgment.

Seth D. Schraier, Esq. Law Office of Seth D. Schraier 3647 Broadway Suite 4G New York, New York 10031 http://www.SchraierLaw.com (914) 907-8632

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Posted

Whether you like it or not your only choice is yo get the default vacated

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Posted

You have a year to move to overturn the default. Two main requirements Good reasons for you absence and meritorious defense.

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Posted

First, don't even think about doing anything unless you can let go of the anger.
Second, file the Order to Show Cause to vacate as stated. You do need to provide information that would aid your defense. The fact that you were scheduled for another case may be a good excuse, but the defense is important as well.

Rory Alarcon, Esq., is a New York attorney practicing the areas of Family Law, Matrimonial Law, Foreclosure Defense, Consumer Defense and other areas of general practice primarily in Suffolk & Nassau County. His office, Alarcon Law Firm, practices only in New York State and offers the best attorney rates in the Long Island area. His office may be reached at (631) 867-2348.

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