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Is it appropriate to write to the judge assigned to my divorce case ?

New York, NY |

I cannot afford to officially appeal the referee decision ( hear and report ) and would like to highlight some error, incongruent suggestions and omissions he made in the report, in spite of hard proof and evidences that were submitted and validated by the referee at the time of trial.

I am asking because the other party - previous to the trial- wrote multiple letters to the judges involved and if I remain silent it may be interpreted as a form of admission.

I do not expect a better outcome since the report should become final decision today, but would like to attempt a fair description of the reality of my situation to the judge

Thank you for your generous attention to my case and for your time

Attorney Answers 4


  1. Best answer

    You'll need to file a motion to reject the report if indeed you did not sign the Referee stipulation. If you signed the stipulation, then your only recourse is to appeal to the Appellate Division.


  2. I believe that a letter is meaningless. There are rules and statutory procedures on how to deal with a Referre's decision and you can't circumvent them with a letter. Your adversary is entitled to a motion on notice or an Order To Show Cause m

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. No, writing letters to a judge with objections or legal arguments is not appropriate. If there are objections to a report they should be handled through the appropriate process.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  4. Proper procedure would be for you to file a motion objecting to the report and detailing your objections to the conclusions the Referee reached. If you're representing yourself (though not advisable), I'd recommend a trip to the Supreme Court's Law Library for the forms. Call a NYC Divorce attorney for a consult.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

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