Archived
How do I file an answer to a motion for a change of custody filed by my ex-wife for our 13-year-old daughter?
Terry's answer
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Answered on September 28, 2016
A change of custody proceeding must be brought on by petition, to which you need not respond in writing. You can show up on the appearance day and...
Archived
How do I find a lawyer that could file motions in Suffolk county traffic court?
Terry's answer
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Answered on September 28, 2016
We cannot solicit business here. Use the "Find a Lawyer" tab. Also check the Suffolk County Bar Association's lawyer referral service.
Archived
On a wrongful death complaint do you have to list the relief when it is first filed or can you amend the complaint?
Terry's answer
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Answered on September 28, 2016
If you are neither the Executor, Administrator, or Administrator CTA of the estate, you have no standing to commence the action. Beyond that, the...
Archived
How can I appeal a denied dessicion
Terry's answer
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Answered on September 28, 2016
This is not a litigated appeals question. I have moved it to Social Security, because there is no Disability category, and many SS attorneys also...
Archived
I got a eviction from judge at hearing truly the conviction is a bunch of false statements and I have proof..how can I appeal
Terry's answer
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Answered on September 27, 2016
You have 30 days to file a notice of appeal, and several months to perfect the appeal, but there is no automatic stay of the eviction.
In NY, when it comes to a "nail and mail" service of process, is there ANY type case in which such service would be improper?
Terry's answer
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Answered on September 27, 2016
"Nail and mail" can be held improper if insufficient attempts at personal service were made. The three attempts to date seem to cover the...
Archived
Is email on a Sunday an exception to the "No Service on Sunday Rule"?
Terry's answer
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Answered on September 26, 2016
If the judge directed e-mail service for Wednesday, to which you consented, but the service was made on a Sunday, it is invalid for failure to...
Archived
How can I study case law?
Also can I get police report for review?
How do I get trial minutes and grand jury
Terry's answer
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Answered on September 26, 2016
Appeals are very complicated and beyond the abilities of many lawyers. If H has not sought or been granted appellate counsel he must do so...
Archived
Can I ask for a traverse hearing, contending improper service? I would also like to see the process served duly disciplined.
Terry's answer
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Answered on September 26, 2016
On the other hand, you consented to service, and were served, so it's water under the bridge. Yes, it was slimy, but the judge might not want to...
Archived
Is Article 78 is works for a private Ivy collage student to file a suit in court? If not, what options they have to file a suit.
Terry's answer
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Answered on September 23, 2016
Article 78 is not available as you are dealing with a private entity. You must commence a plenary action, which could take years to resolve, by...
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