Archived
Is the respondent required to file an Answer to a New York family offense petition?
Terry's answer
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Answered on December 23, 2016
Written answers are rare in Family Court; usually the respondent enters a "general denial" on the record at the first appearance. A written answer...
Archived
What is the statue of limitation to file a motion to renew and reargue after the order has been signed?
Terry's answer
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Answered on December 22, 2016
It sounds like you want a resettled order, not reargument or renewal which, by the way, are very different animals.
What difference does the...
Archived
How can a case be brought to the grand jury when there was never a preliminary hearing?
Terry's answer
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Answered on December 21, 2016
You have no absolute right to a preliminary hearing; its sole purpose is to hold a defendant for more than 144 hours. The conditional right to a...
Archived
How do I appeal my disqualification for New York State troopers?
Terry's answer
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Answered on December 21, 2016
Not an appeals question. Moving to Employment & Labor.
Archived
Should I, or can I file answers to answering papers in opposition to our motion?
Terry's answer
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Answered on December 20, 2016
Ask the court's permission to serve and file a reply. The usual motion timetable has been derailed here, it appears.
Archived
What kind of court papers (i.e.summons and/or discovery etc) must be served by third person, not yourself in Supreme Court cases
Terry's answer
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Answered on December 20, 2016
All papers in a case must be served by a non-party. The summons & complaint are best served by a professional process server. Ensuing papers can...
Archived
If party A allege false allegation of assaulting on the party B in divorce case NYS Supreme Court, its Remedies ??
Terry's answer
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Answered on December 20, 2016
If the police wish to investigate the allegation they will. If it is false it is going nowhere. The truth or falsity of it for matrimonial...
Archived
If Automatic Stay Order with Complaint is not sent to the defendant in divorce and distribution of property in NY, its Effect ??
Terry's answer
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Answered on December 19, 2016
Failure to serve the stay order means it is not yet binding on defendant, but it does not invalidate the summons and complaint. Serve it ASAP as...
Archived
Nearing going default in answer to complaint, motion pending, do you aspire for out of court settlement and best option to vow
Terry's answer
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Answered on December 19, 2016
Gibberish. Ask a real question, please.
Archived
NYC complex procedures
Terry's answer
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Answered on December 19, 2016
I don't think it matters. What does matter is that the motion for an extension be made before the 120 days runs out.
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