He cannot appeal until he is sentenced. He will need to make a motion in the Appellate Division for a stay of sentence pending appeal. Sentence...

I put in a violation petition against my ex for child support. How long before the court date must he be served by?

Eight days means eight days, not eight business days, but the petition may not be served on a Sunday (or Saturday if that is the respondent's...

Selected as the best answer

Business days are not relevant to motion timetables, except that motion must be made returnable on a weekday the court is open.

Selected as the best answer

I started a civil action in Supreme court for real estate attorney's malpractice and need to serve

Mail service no good in New York. Your process server should know what the alternatives are: Nail and mail or leave and mail, after multiple...

In federal court case law must always be federal cases or case law from any state?

State law governs substantive issues; federal governs most procedural issues. If you are lucky enough to find Eastern District cases going your...

For a motion to reargue, do you serve opposing party when you file the motion, or wait until leave to reargue has been granted?

You can't serve a motion without a return date, so your comment that the judge will be setting a return date does not make sense. Moreover, judges...

What I can do with order of protection to be lifted or change

I have moved this Criminal Defense. Mr. Rothstein is correct that you, as the victim, have no legal standing in the case to make a motion or take...

What is the best route to go with my pending lawsuit? Time is of the essence.

Impossible to say because we have no idea what kind of case it is. Its merit is suggested by 40 attorneys' declining to take it. It takes three...

We are close to settle with a long-developed proposal. Do I need to prepare for the trail?

"Trial," not "trail." You must prepare because, if there is no settlement, and the trial goes forward, you will be caught short and your position...

Interrogatories must be signed and sworn by the party, CPLR 3133(b), while document responses need not be.

Selected as the best answer