What form is used when opposing a motion to dismiss.(family court nys)

Asked almost 2 years ago - Batavia, NY

nonparental custody case

Attorney answers (3)

  1. Anthony Gerard Buono

    Contributor Level 10

    6

    Lawyers agree

    Answered . You need to submit a sworn Affidavit. You can copy the format used for the Affidavit that was submitted with the motion to dismiss. You must state your basis for opposing the motion. – “The Court should deny the motion to dismiss because….”

    You must have your signature notarized. You must submit the original Affidavit to the Court and send a copy to the opposing party or their attorney if they have one. You must submit to the Court an Affidavit of Service, stating that you mailed a copy of the Affidavit on the opposing party or their attorney. Submit this along with the original Affidavit in opposition to the motion.

    You should consult with a local New York attorney who concentrates in Family Law. On-line advice is no substitute for an in person consultation.

    Anthony Buono
    Valatie, New York
    AnthonyBuono.com

    The information offered at this website is not, nor is it intended to be, legal advice. You should consult an... more
  2. Louis Lawrence Sternberg

    Contributor Level 18

    4

    Lawyers agree

    Answered . Petitions may require specific forms but opposition papers on a motion to dismiss do not require use of a NYS promulgated form. As the prior commenter advised, simply submit a notarized affidavit.

    It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We... more
  3. Maria C. Tebano

    Contributor Level 15

    Answered . In opposition to a motion, you must set forth facts in an affidavit sworn to before a notary public. Attach to your affidavit any documents to support your position. You can also obtain affidavits from others in opposition to the dismissal. You may want to consult an attorney to assist you.

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