Q: If there are missing documents & discrepancies w/“record” file sent from Family Court; what is the remedy to rectify?
(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 method/original papers constituting record on Appeal. I asked case mngr if I myself had to seek a subpoena for records to be sent from FamCourt clerk to Clerk of AD2 court (going by rules set forth of the Court); she advised me that she would obtain the record file & send it to me via email. I received that “file” and there is a lot of info that doesn’t match papers I’ve submitted w/evidence & opp counsels papers dont match what I have been required to respond to etc, & contradicts transcripts. the file was also not certified by FamCourt Clerk. I Q’d the aforementioned to case mngr & she said it doesn’t have to be certified if “she” gets it right from court. How am I supposed to brief incomplete record?
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- New York
- (516) 747-2330
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- Answered
A: 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.
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- New York
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A:
The asker must get together with his adversary and the attorney for the child if any and stipulate to the contents of the record that is correct and complete. Otherwise, there is no procedure to correct misfiled contents of the family court record. The record can be in total disarray including documents from other pending matters.
As an aside, the asker hales from Pennsylvania. Hopefully, the asker does not have any custody cases in Pennsylvania. That state treats parents like cattle being led to slaughter. Its trial court judges have the final word on all aspects of the disposition of children because the appellate court washed its hands of such matters.
Having a family in today's United States is ultra hazardous, and despite appearances to the contrary, New York is the better state to reside in and raise a family. New York is constantly trying to take away the rights of parents, but Pennsylvania has already done so decades ago.
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