Archived
If I wanted to re-argue my Appeal to the Appellate Term, how would I go about doing that? I had my Appeal in Mineola
Terry's answer
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Answered on July 18, 2016
You make a timely motion to reargue. I do not think the Appellate Term has a procedure for rehearing en banc, but check their rules at 22 NYCRR...
Archived
How can I get legal representation for a C. P. L. 440.10 that I filed with Supreme Court of the New York, Monroe County?
Terry's answer
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Answered on July 15, 2016
There is no right to counsel for a 440 motion unless and until a hearing is granted on the motion. Until that point, you will have to proceed pro...
Archived
I am pro se and the judge set an initial conference and stated and discuss Plaintiff's motion for a preliminary injunction
Terry's answer
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Answered on July 12, 2016
You are the plaintiff, and you asked for a preliminary injunction and a receiver without knowing what that means? You need to talk to the pro se...
If a lawyer is late to his deposition, can a deponent leave & not be sanctioned in NYC?
Terry's answer
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Answered on July 11, 2016
I agree with my colleague: the length of the tardiness (which you do not disclose) is highly relevant.
Pro se litigants put too much stock in...
Archived
If an appeal is won and the Decision is reversal of the Conviction of Judgment of the Lower Court
Terry's answer
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Answered on July 10, 2016
A party can always ask for reargument, but if you did not argue on appeal for dismissal, you cannot raise it now. In criminal matters dismissal of...
Archived
Will there be six oral arguments from each party?
Terry's answer
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Answered on July 06, 2016
The judge will likely direct each party to address all his/her issues in one argument, perhaps with a short rebuttal. The jack-in-the-box...
Archived
If Notice of Appearance has a certain time frame?
Terry's answer
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Answered on June 30, 2016
If service was defective no appearance was required, so it was superfluous and its untimeliness irrelevant.
Archived
If a defendants civil lawyer sends me a wrong date to appear in court later than the actual date can I receive summary judgement
Terry's answer
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Answered on June 30, 2016
The answer is no. Summary judgment is a determination on the merits, not for a failure to appear. You are asking whether you could get the severe...
Archived
Is a Housing court Stip valid if Petitioner never had authoriy to enter into it nor initiate proceeding but mislead the court
Terry's answer
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Answered on June 26, 2016
The legal issue is "apparent authority," if the circumstances and/or past dealings between the parties made it seem plausible for the unauthorized...
Archived
Bound to privity Res Judicata by Pro Se with no resources
Terry's answer
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Answered on June 24, 2016
If you thought you were in privity you should have litigated to protect your interests. You can consider moving to vacate the order or judgment,...
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