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New York Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Adoption, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: Injunction lawyers on civil liberties Jo

On a federal court order

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2024

You've probably been searching for attorneys on your own already. You could supplement your searches with the tab above, "Find a Lawyer," which lists attorneys by region and area of practice. You could also look into the attorney referral sections of local and state bar associations.... View More

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3 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence for New York on
Q: Subject Matter Jurisdiction is exclusive to SupremeCourt/(IDV part)order(orig)? Does Fam Court have competence to modify

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

Charles Holster
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answered on Oct 16, 2024

No.

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2 Answers | Asked in Civil Litigation, Family Law and Appeals / Appellate Law for New York on
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... View More

Charles Holster
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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.

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1 Answer | Asked in Appeals / Appellate Law and Real Estate Law for New York on
Q: Is there a statute of limitations on a void deed to appeal with a Quiet Title Action? Adverse Possession
Jack Mevorach
Jack Mevorach
answered on Sep 28, 2024

No statute of limitations to invalidate a forged deed. In other scenarios, there are limitations of time.

Jack

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for New York on
Q: My Motion to Dismiss in Nassau County Landlord-Tenant Court was denied, and I want to appeal it.

My Motion to Dismiss in Nassau County Landlord-Tenant Court was dismissed, and I want to appeal it. Can you tell me what forms I need and the procedure? I also need info on getting a stay of my eviction action while the appeal is pending.

Steven Warren Smollens
Steven Warren Smollens
answered on Aug 30, 2024

Dear Great Neck Tenant:

An appeal from Nassau County District Court is at the Appellate Term (9th and 10th Judicial Districts. You will need a form that I cannot discover online. (https://www.nycourts.gov/courts/ad2/appellateterm_forms.shtml

You also need a Request for Appellate...
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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: I have no money need a lawyer to help pertaining to defective amended indictment. Cpl 200.70 article 40. And cpl 200.50

Sub division 4,6,and 7. My husband is in mohawk correctional. Walsh rmu. We need help.

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2024

A criminal defense attorney should advise here, but your question remains open for almost a week and you mention your husband being held in a correctional facility. This is not my area of practice, but based on the financial situation you describe, look into whether you qualify for a public... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for New York on
Q: Do I have a civil case against Albany housing authority if they served me improperly showed up to court 10 min late

Summary judgement was given to Albany housing authority after they inflated my rent from $50 to $960 retaliation, breach of warrant of habitability, tenant and fair housing rights and disability rights violated and illegal lockout resulting in my homelessness and loss of all my belongings in which... View More

James L. Arrasmith
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answered on Jul 27, 2024

Based on your description, it sounds like you may have grounds for a civil case against the Albany Housing Authority. Improper service, showing up late to court, and inflated rent could be significant issues. If the rent increase was retaliatory, and there were violations of habitability, tenant,... View More

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: can bad representation of counsel be difficult to prove when appealing?

someone who wants to appeal their case claiming their previous legal aid barely tried. how can you possible prove this in the appellate court??? is it a rare win?? what are good points!?

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2024

Appealing a case on the grounds of ineffective assistance of counsel can be challenging but not impossible. It often requires a thorough understanding of the legal standards and substantial evidence to support the claim. Here’s a detailed approach to proving ineffective assistance of counsel in... View More

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
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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...
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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
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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

1 Answer | Asked in Education Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: The censorship of books in libaries. Board of education V. Pico.

"The Supreme Court reaffirmed that the right to receive information is a fundamental right protected under the U.S. Constitution when it considered whether a local school board violated the Constitution by removing books from a school library. In that decision, the Supreme Court held that... View More

James L. Arrasmith
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answered on Oct 15, 2023

The right to receive information, as established in Board of Education v. Pico, is indeed a fundamental one. However, the interpretation and application of this right are complex.

While the Pico case set a precedent, it doesn't mean that all forms of censorship are automatically...
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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: This pertains to a criminal appeal. After the brief is uploaded to the appellate division, what happens after that?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 31, 2023

Hard copies must be filed. Respondent then has 30 days to file brief but usually requests extensions.

Q: MarkTwain and Censorship. appeals?

I believe that, once upon a time, a publisher published the works of mark twain but censored what may have been offensive. The censorship won out in the end. (evil won in that case) but i wonder if that case was disputed further and appealed. does anyone know?

The Roald Dhal censorship was... View More

James L. Arrasmith
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answered on Aug 15, 2023

I'm familiar with historical cases of censorship, such as those involving Mark Twain's works, but whether a specific case was appealed and overturned would require a thorough review of the legal history and court records. Appeals and potential outcomes depend on various factors, including... View More

Q: I don't think this lawyer who represented me Signed as my Lawyer, is this a legal representation, to not be signed
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 7, 2023

You can certainly have an attorney-client relationship without a written retainer agreement. The better practice, however, is to have a written retainer agreement which sets forth the duties and responsibilities of both the attorney and the client. That said, if you are unhappy with your current... View More

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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
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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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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
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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

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
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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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2 Answers | Asked in Appeals / Appellate Law, Estate Planning and Probate for New York on
Q: Need ONLINE case studies RE: violation of NYS Public Policy regarding Beneficiary rights. time sensitive (appeal)

This info. needed asap.

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2022

It could be difficult for attorneys to suggest general case law relevant to your given situation based on the brief description here. You could await a response, but given the short timelines for appeals, you could also consider reaching out to attorneys who practice in the area(s) of law involving... View More

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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Is an appeal decision by the Circuit, known by the attorneys before it is published?
Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

Generally, attorneys register active litigations and receive email alerts whenever an event occurs in the matter including when decisions are made.

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