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I'm seeking advice on how to pursue a claim for compensation after being incarcerated for nearly three years. My conviction was reversed on appeal on December 17th, 2023, with the conviction dated August 6th, 2021. I have not received any compensation or guidance from the appeal court, and... View More 
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answered on Apr 14, 2025
A good starting point would be to see if you reside on one of the 35 States that have a wrongful conviction compensation statute. This link is to a table showing the features of those statutes:... View More
I'm facing a child support issue where my parental rights haven't been surrendered, yet I'm judged to owe over $3,500 in arrears, despite the other parent owing me over $70,000. The court magistrate refused to review my financial statements and made allegations without proper... View More
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answered on Mar 25, 2025
You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it... View More
I have clients whose house has been in foreclosure since 2008. The foreclosure was dismissed twice in supreme court based on the statute of limitations under the FAPA law, and the bank appealed the decision. We're awaiting the appellate court decision, which could take up to 2 years. The loan... View More
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answered on Mar 20, 2025
I would not make any recommendation to a client without first knowing all of the facts, which usually requires a review of the court documents in the case, as well as speaking to the clients.
But, in order decide whether to accept a settlement offer, rather than waiting for a decision on a... View More
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
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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
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??
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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
I was falsely imprisoned due to constitutional violations and insufficient counsel, and my appeal was filed after conviction without a 30-day notice. I never had a parole final hearing, but records falsely stated I did. My significant concern is the successful 440.20 motion that the lower court did... View More
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answered on Mar 17, 2025
This question cannot possibly be answered unless I review your entire file. I would charge for that by the hour, or I could quote you a flat fee after seeing how big the complete file is when you bring it to my office.
I was incarcerated and filed a successful motion under 440.20, but the lower court did not respect the high court's decision, and I was left in jail. I later filed an appeal with new evidence, and the Court of Appeals ruled in my favor, directing the lower court to bring me back down and put... View More
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answered on Mar 17, 2025
In order to answer your question, I would have to review the ENTIRE file for your case, from day one until the present. If you are interested in retaining me for that purpose, please have someone assemble the COMPLETE file and bring it to my office. Once I see how large the file is, I will be... View More
I divorced in New York 38 years ago on the grounds of mental cruelty, and the divorce documents stated that no discovery was needed regarding property division. I had property in Puerto Rico before marrying, and I bought a new property while married using proceeds from my premarital assets. Now,... View More
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answered on Mar 17, 2025
You said you already appealed to the highest court. So, there is nothing more that I could suggest. In any event, I would have to review your entire file, for the U.S. and for Puerto Rico, including your appeal, before I could understand what exactly happened. If you would like to retain me to do... View More
(Pro-Se litigant)appeals process of 3 orders from FamCourt; have been approved for consolidation to 1 brief by the Appellate Court 2nd Dept,(hereafter referred to as AD2). Ive been assigned a “case manager” by AD2. By order of the Court I am to perfect my appeals by original record... View More
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answered on Oct 16, 2024
You would have to make a motion in the Family Court to have the Judge "settle" the record to include what you think is missing.
Original Order of custody & parenting time made by Supreme Court, Integrated Domestic Violence Part. Based of the laws/nys const/rules/FCA & codes I’ve read that govern transfer of proceedings & subject matter jurisdiction, in order to modify the original Order (made by Supreme Court... View More
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answered on Oct 16, 2024
No.
The plaintiff case was dismissed for filling to comply with court order.
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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
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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].
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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
in NY
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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
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