Batavia, NY asked in Family Law, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York

Q: no knowledge of action to evict my12 yr old & me until email 1day befre deadlne to remve belongings&further access thm

received email from petioner 11/5/16 re: remval of belongings frm property by 11/6/16. any property not remved by 11/7 would be discrded and or packed and moved to a facility on 11/12.. As of midnight 11/6 no access to premises & belongings.permitted.Petioner is my father & his attrny is my former attrny frm 6yrs ago.. I was served a 10 day notice to quit 5/2016 nver enfrced 30 days later i got a summons re:petition in family court to evict me based on a "family offense". I requested a bench trial . Judge ruled after hearing an reviewing all supporting docs, testimony etc our evidentiary rebuttal proved credible & true in comparison to the unsupported allegations by petitioner, The case was dissmissed. later jn June 2016 via emails dad & I agreed to a wrkable temporary solution until i secured housing. all good until 11/5/16 email. No service of docs,attrny conflict of interest etc. late yrstrdy i found court & judge of evctn hearing. 9 vceml's judges clrk obtain crt docs. NEED ADVICE!

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: More clarity is required here. If you were never served documents, you may be able to appeal the decision on that basis; but beware of the short deadlines for doing so. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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