Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Charles Holster
1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on
Q: I have a writ of certiorari petition packet from the US Supreme Court that needs to be done on, or before 6/6/2024.

I have difficulties in understanding some pages, such as: 1)related cases 2)in the table of authorities cited on part that asks cases 3)statement of the case. These are the 3 that I have difficulties in understanding, in which, I have to make sure that I fill it out correctly or it will get... View More

Charles Holster
PREMIUM
Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

The questions you are asking are very basic, and the fact that you have to ask them suggests that you should not be attempting this appeal to the U.. Supreme Court without legal representation.

Q. what does related case mean? A. related cases" means other cases that you are involved...
View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: The prosecutor on my case from 11/30/2022 appealed the judges dismissal with prejudice. Didn't I have to be notified?

It was dismissed because the accusatory instrument was in error. She won the appeal, mind you this is on a city court level. I feel this is harassment and violating my civil rights. Wasn't the dismissal the law? How can she win an appeal on factual law??

Charles Holster
PREMIUM
Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024

Yes, you had to be notified. The prosecution had to send your attorney a copy of its a motion. So, check if your attorney received it or not. If he did, he should have informed you. If your attorney did not receive a copy of the prosecution's motion, then the appeal may have been defective.... View More

1 Answer | Asked in Civil Litigation and Civil Rights for New York on
Q: Article 50 - Judgments GenerallyR5015 - Relief From Judgment or Order. be use on a 2 years 7monthcase?

The plaintiff case was dismissed for filling to comply with court order.

Charles Holster
PREMIUM
Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2023

This question does not involve an appeal. It involves a motion to vacate a default judgment in the lower Court. Such a motion must be filed within one year of the default. If however, the default was due to defective service of the summons and complaint, and you never knew that there was a case... View More

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Are you aware of any cases that lost a Motion to Reargue - but was able to perfect an appeal? in NY
Charles Holster
PREMIUM
Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2023

A: (This answer clarfies an answer given yesterday). The fact that a motion reargument was denied will not prevent you from following through with your appeal from the original order, so long as you filed a timely notice of appeal from the original order. If you did not do that, it will be too... View More

2 Answers | Asked in Appeals / Appellate Law, Estate Planning and Elder Law for New York on
Q: Are you aware of any cases that lost a Motion to Reargue - but was able to perfect an appeal?

in NY

Charles Holster
PREMIUM
Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2023

The fact that you lost the motion to reargue will not prevent you fr om following through with your appeal so long as you filed a timely notice of appeal from the Order. If you did not do that, it will be too late to do so. You cannot appeal from an order which denied reargument unless the order,... View More

View More Answers

2 Answers | Asked in Appeals / Appellate Law for New York on
Q: If a judgement was entered to have D pay P 5k, and P appeals, does D still have to pay while the appeal is pending?
Charles Holster
PREMIUM
Charles Holster pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2023

No. Not unless D also appealed, in which case he could obtain an automatic stay pursuant to CPLR 5519[a][2], by posting an undertaking, or making a motion for a discretionary stay under CPLR 5519[c].

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.