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How long does it take to get a response from the Appellant court 2nd division NYC for a poor man's relief appeal?

Brooklyn, NY |

An appeal and a form for poor man's relief in was filed since November 2012 in Brooklyn NYC and still no response. How long does it take to determine if a lawyer can take your case? I understand it takes forever to do appeals but why does it take so long to get a lawyer if the person is in prison and has no financial resources?

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Attorney answers 4

Posted

It should not take that long. You can contact the court directly or you can ask the lawyer who handled the case at the trial level who should have filed the notice of appeal and possibly the poor person application as well.

Posted

It depends on the case.
Call the clerk and ask about the status.
718-875-1300

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Posted

There is no set time.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Posted

You should talk to the Legal Aid lawyer who filed the motion or call the clerk of the court in the Appellate Division to make sure it was complete with the necessary affidavit from the defendant. The appeal has to be perfected in 180 days.

Asker

Posted

Thanks for your help. Unfortunately the defendant had to file the papers on his own for legal aid stated they cannot help him for he was already incarcerated.

John J. Carney

John J. Carney

Posted

You should make sure he filled them out right and sent them to the right three places.

Asker

Posted

I called today and found out what the problem is. They said they need him to resend it with more information on his finances. He is in prison he has none. Is this a stalling tactic? He has a legal aid lawyer for another case he is battling out with his wife. Why do they do this? It is so obvious he has no money.

John J. Carney

John J. Carney

Posted

He should not have filled out the forms himself. He did not fill them out right and left them incomplete and they should have sent them back sooner. As long as Legal Aid is working on the appeal the poor person application is not important. If they did not assign a lawyer because this form was not filled out right that is important as it delayed the appeal.

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