In NYS court can a verified complaint on personal knowledge AND upon info and belief be evidence/affidavit at summary judgement?
Terry's answer
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Answered on February 03, 2014
No one else directly answered your question, which was whether a verified complaint can be used as an affidavit to oppose summary judgment. The...
Archived
Pro Se paperwork question. Family Court
Terry's answer
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Answered on January 29, 2014
The clerk is wrong about the OTSC, but it's tough to buck the clerk. If he/she wants a petition for a writ of habeas corpus, then do that; it is...
Archived
Appeal by permission
Terry's answer
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Answered on January 28, 2014
I agree with my colleagues. If the Appellate Division had granted leave to appeal, your chances might be better on appeal. But the Appellate...
Archived
Do district courts respect rulings from other circuit courts
Terry's answer
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Answered on January 28, 2014
You are taking a big risk if you decide to violate a federal statute in New York based on its invalidation by the Ninth Circuit (which is...
Archived
How can i get a Furlough or appeal bond post conviction?
Terry's answer
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Answered on January 27, 2014
Stays of sentence are not readily granted. You will need to demonstrate that there was a clear legal error in your trial, i.e., that there is a...
Archived
What does it mean "adjustment is not being considered" & both parties can file a petition on the complaint with the DA?
Terry's answer
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Answered on January 26, 2014
This is a criminal prosecution in everything except name. Instead of DA, they say "presentment agency." Instead of crime, they say "an act which,...
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Archived
Can a motion to vacate or amend a judgment (renewal) be filed five years after the judgment was renewed?
Terry's answer
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Answered on January 24, 2014
First, what is an unlawful detainer judgment? I see references to them all over Avvo, but we have no such thing in N.Y. Second, if the judgment...
Archived
What to do after losing an appeal?
Terry's answer
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Answered on January 24, 2014
If Iowa law authorizes it, you could move to reargue or vacate. Ultimately, though, there is no way to force a judge to address arguments s/he...
Archived
How much time do I have to appeal a decision from the Appellate Term, First Dept in a housing court matter?
Terry's answer
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Answered on January 23, 2014
Make sure the Notice of Appeal gets filed in the Civil Court Clerk's office, and that you serve your adversary with a copy.
HELLO how long does it take for an appeal case to be heard , filed in the summer ....
Terry's answer
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Answered on January 23, 2014
If the appeal is in the Second Department, you might get a calendar date this spring. I can't say whether the First Department is significantly...
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