Q: Requested to see a judge in small claims but was sent to an arbitrator who I believed was a judge. Now I cannot appeal
Filed a small claims suit (Queens County-NYC) and requested to see a judge as I did not want my case to be tried by an arbitrator. I was then told that it would take a few court dates if I want to only see a judge. That did not deter me and I insisted on seeing judge and was sent home with a new court date. When the new date arrive again I stood up when they called my name and said "By the Court". I was sent to a court room and had my case tried. Now here is the kicker, I was seen by an arbitrator. I was not informed that he was an arbitrator and I assumed, which is reasonable, that I was seen by a judge. Especially, since there was a name tag on display that said Honorable. I lost the case and now cannot appeal. I appealed to the court as I was not seen by a judge but was denied and told my next step is to file an appeal with the Brooklyn Appellate Court. Can anyone point me in the direction of what to do next, e.g. where to file a complaint, etc.
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.