Archived
New judge is assigned to my case. Will he decide my motion for reargument or will the old judge that denied my notion to renew?
Terry's answer
|
Answered on March 12, 2018
No definitive answer. Generally when cases or entire caseloads are reassigned by the administrative judge, the incoming judge handles all aspects...
Archived
If an an appeal had to be perfected by last Friday, was it OK to mail copies to the respondent by overnight mail on this date?
Terry's answer
|
Answered on March 11, 2018
Your adversary is wrong, and apparently inexperienced. So long as the brief was filed, i.e., clocked in at the A.D. by 5:00 on March 7, with proof...
Archived
Can a jury’s “split decision” resulting in a conviction for an A Misdemeanor in NYC be vacated or overturned before sentencing?
Terry's answer
|
Answered on March 11, 2018
What do you mean you were not allowed to submit exhibits or testify? Do you mean your lawyer recommended against it, or the court prohibited it,...
Archived
Meaning of “Order to Dismiss Parties”?
Terry's answer
|
Answered on March 10, 2018
This sounds like federal practice, and it sounds like the court is dismissing some parties that were perhaps inappropriately named in the...
Can I sue someone if they are already in prison?
Terry's answer
|
Answered on March 10, 2018
Reposting to Litigation, as this is not an Appeals question.
If you have a writing signed by the defendant agreeing to repay the attorney's fee...
Should I bring a lawyer to a preliminary hearing a child support modification ?
Terry's answer
|
Answered on March 10, 2018
Why is support in issue for a 22-year-old child? Does your agreement obligate H beyond the statutory cutoff of 21? Take the lawyer.
Reposting...
Archived
What the meaning or implication of a "Grey Sheet" in the appendix for an appeal?
Terry's answer
|
Answered on March 10, 2018
Yes, there are rules for the order of papers, which the clerk will expect to be followed when checking the appendix at filing. The 5531 is always...
Archived
What are the specifics of confidentiality regarding a 50h hearing. if it is not attached to a legal document can it be released?
Terry's answer
|
Answered on March 09, 2018
Unless sealed by court order or statute, most civil proceedings are public record. If you did not want the details of your claim public, you...
Since "service by mail shall be complete upon mailing," according to CPLR 2103(b), when do you have to add 5 days for mailing?
Terry's answer
|
Answered on March 09, 2018
You are still overthinking this. That phrase means that, if you timely drop something in a mail box, you have complied with the stated deadline,...
Archived
In the Appellate Division, how do you count the three days for a cross-motion?
Terry's answer
|
Answered on March 09, 2018
You cannot read 600.2(a)(2) in a vacuum. Look at (a)(5), and at CPLR 2214(b) and 2215. Synthesizing all of that, the cross-motion should have...
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
The Avvo Rating explained
The Avvo Rating explained