My brother was accused of murder and imprisoned. He was acquitted, being not guilty. He filed a civil law suit against The Dept. of Corrections, and the State of N.Y. The civil law suit was dismissed. The case was in litigation for 10 years. His lawyer notified him via telephone, citing that notification was forwarded to the the lawyer by e-mail, that the case was dismissed. My brother has not received any verification or notification regarding why the case was dismissed. Should the lawyer forward the e-mail to my brother? Is my brother entitled to documentation showing why the case was dismissed? Does my brother have the right to appeal, and what is the appeal process time frame after a civil case is dismissed?
His lawyer will have and know all that information and he is entitled to his file or a copy of his file. He needs to request all of that in writing from his attorney including notifying him that he wishes to appeal and when the deadline for an appeal runs.
Your brother should make an appt w/his attorney to review the paperwork regarding the dismissal. Immediately. There are time requirements for appeals that must be met so do not delay. If you do nmot get a satisfactory answer Monday, consult another attorney to review the old lawsuit and see if the case can still be appealed. Appeals and cases of this nature are complicated and cannot be solved on a website like this.
Joseph A. Lo Piccolo, Esq.
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)
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.
The lawyer should provide all this information to your brother, including his appeal rights. Your brother should ask for his file, and advise the lawyer that he wants to appeal.
This should be done promptly so as not to lose time to appeal.
If the lawyer does not produce the file or answer promptly, get another lawyer to demand the file ASAP.
This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.
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