Archived
Can you bring civil action against insurance company for denying disability benefits without going through appeal process ?
Terry's answer
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Answered on May 24, 2019
Read your policy. My guess you must exhaust internal remedies first. A lawsuit would need to allege that the company breached the insurance...
Could I have a sample interrogatory for a partition action in NY? What are appropriate discovery materials in partition action?
Terry's answer
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Answered on May 24, 2019
Reposting to Real Estate. Go to your local court law library and look for McKinney's or Bender's disclosure forms.
What can I do if a judge took my case from another judge and wrote his name on my court paperwork?
Terry's answer
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Answered on May 24, 2019
Reposted to Criminal Defense. Not sure what your issue is. You got a better sentence, and you can ask the clerk for correct paperwork.
If you lose a NYS appellate civil case and appeal to the court of appeals and they don't accept can you reapply for an appeal?
Terry's answer
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Answered on May 23, 2019
You may be able to move to reargue the motion for leave, but success is unlikely. Unless you have a federal constitutional question of great...
Archived
How do I file a formal complaint against my ex husband probation officer?
Terry's answer
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Answered on May 21, 2019
Complaining administratively about the PO will accomplish little. File an enforcement petition in Family Court, and include your problems with the...
Can a judge grant an adjournment of a motion if the request is made ex parte and AFTER the return date?? movant was NEVER told.
Terry's answer
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Answered on May 21, 2019
Courts have broad discretion over their calendars, but the court should have directed your adversary, either before or after the fact, to give you...
Can I file an RJI in NY after receiving a Notice Of Removal?
Terry's answer
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Answered on May 21, 2019
I am not aware that one can or must bifurcate a case upon removal. If there is federal jurisdiction as to one claim, the District Court has...
Archived
How much on average does it cost to appeal to appellate court
Terry's answer
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Answered on May 20, 2019
Every appeal is different, so there is no "average." It mostly depends on the size of the record and the number and complexity of the...
Archived
What should I do if my public defender never filed my order of discovery like I asked?
Terry's answer
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Answered on May 20, 2019
Prosecutors play this game all the time: Here's the offer; if you make me work, the offer is off the table. Seeing the disclosure is your right,...
Archived
Is it ethical for a judge to advise a defendant how to fare better when refiling a motion?
Terry's answer
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Answered on May 19, 2019
The judge apparently views the case as dismissable, but felt the first motion did not give him/her the information to do so. To dismiss on bad...
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