Archived
Trial Court ruled for Summary Judgment against me based on something it stated was absent from anywhere in the record.
Terry's answer
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Answered on April 22, 2019
Before you incur the expense of an appeal i suggest you move for reargument, pointing out the missed evidence. Of course, if the complaint was...
Archived
Will the judge jail me for refusing to sign waiver of appeal?
I want an appeal.?
Terry's answer
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Answered on April 22, 2019
Reposting to Criminal Defense. If you refuse to sign the waiver of appeal, as agreed, the court could reject the deal and vacate the plea. Or,...
Archived
How to ask for a continuance?
Terry's answer
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Answered on April 20, 2019
1. We don't call it a continuance in New York, we call it an adjournment.
2. Assuming the case has been assigned to a judge, check the judge's...
Archived
Husband given a plea deal of 3 1/2-7 max, non violent. He's already in but not yet sentenced what's the total time he would do
Terry's answer
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Answered on April 20, 2019
For an indeterminate sentence, the maximum time in prison is generally 2/3 of the maximum. 3 1/2 to 7 means he must serve at least 3 1/2, and...
Archived
What rules state that an attorney’s signature signifies belief in the truth of the document?
Terry's answer
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Answered on April 19, 2019
CPLR 2106 requires an attorney to affirm the contents of an affirmation under penalties of perjury, i.e., that if it's not true, the attorney...
Archived
In a civil case how much time do the litigants have to present their cases?
Terry's answer
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Answered on April 19, 2019
Broad question. Some trials take weeks. Some take 15 minutes. It all depends on how complicated the case is and how much evidence you have. ...
Archived
How does small claims court in NYC confirm that a supposed attorney for a defendant really is a real attorney?
Terry's answer
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Answered on April 19, 2019
The best place to verify an attorney's status is here, assuming you have the first and last name and the spellings thereof: ...
Archived
Tier2 officer said my I765 is in revision?what does that mean? Is it the last step before decision?
Terry's answer
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Answered on April 19, 2019
From my limited personal experience dealing with immigration matters in New York City, I can say these offices move very slowly.
Archived
How do I request extension from the court?
Terry's answer
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Answered on April 18, 2019
If the case has been assigned to a judge, check the judge's part rules to determine by what medium the court entertains adjournment requests, then...
Archived
If the First Department's ruling practice is at odds with the Court of Appeals, which court should a judge in NY County follow?
Terry's answer
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Answered on April 18, 2019
If the Court of Appeals has ruled on the question, then the stricter First Department rule is a former rule that no longer applies. But without...
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