Archived
What does it mean that an appeal "must be served and filed within nine months" of the date of the letter to the Board?
Terry's answer
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Answered on August 02, 2014
Your question does not make sense. Two months for the transcript plus three business days does not equal nine months. What tribunal is the appeal...
Archived
Personal Injury
Terry's answer
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Answered on August 02, 2014
Don't get your hopes up that you will get a default judgment so soon--courts are pretty generous with second chances on this sort of thing. And...
Archived
Small Claims, Appeal, Bond and Transcript
Terry's answer
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Answered on August 01, 2014
The appeal does not automatically stay the judgment. Transcript it into the County Clerk's office and go enforce it.
Why would you want to...
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Archived
Can the Appellate Division allow an appeal of a 2008 case in 2013? What about timely filing rules?
Terry's answer
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Answered on July 31, 2014
A final judgment brings up every order in the case. My colleague is correct. This is why SJ determinations should be appealed at the time. The...
Archived
Do I need to file a notice of appearance for divorce proceedings if the Plaintiff already served me with verified complaint?
Terry's answer
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Answered on July 24, 2014
To answer your question more directly: You may file a Notice of Appearance without an answer, but your rights in the litigation are not thereby...
Archived
Do I have to complete an affidavit of service after sending notice of entry to ex-husband
Terry's answer
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Answered on July 20, 2014
Yes, do an affidavit of service, but keep it in your file--you don't have to file it in the County Clerk's office. Service of a copy of the...
Archived
Question about superior court
Terry's answer
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Answered on July 19, 2014
Attorney discipline is handled by various territorial "grievance committees" (called the Committee on Professional Standards in the Third...
Archived
Is an article 78 the proper way to challenge a judges sentencing based on a conflict of intrest?
Terry's answer
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Answered on July 05, 2014
If you did not move in County Court to disqualify Judge Williams, the issue may not be preserved unless something outrageous appears on the record....
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Archived
Asylum
Terry's answer
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Answered on July 02, 2014
I have moved this to Immigration, as it has its own appeals timeline utterly unrelated to NYS appeals.
Is it beneficial for appellant to file 440.10 motion to cover issues not contained in direct appeal submitted by atty?
Terry's answer
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Answered on July 01, 2014
If appellate counsel did not include the defective indictment point, that likely means s/he determined it was without merit, or unpreserved, or...
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