Appealing Support Magistrate's decision California New York

[bweatherill]

Firstly.. thanks to everyone here who's posted useful material to read through, It's been an interesting if somewhat long read..

History:

I filed a cross-motion to dismiss a child support adjustment in the 2nd dept (Suffolk county).
At the hearing, the magistrate denied the motion, seemingly on the grounds of a 3rd dept decision stating that they (3rd dept) felt it was proper for judges to rule on the issues rather than the "paper", seemingly implying that motions to dismiss would have to meet a very high standard to be considered.

I have several items on my cross-motion to dismiss that are legal technical violations (lack of supporting material, incorrect filing etc) that I believe should have got this thrown out.

Question:

how do I start the appeals process (Pro Se), what forms do I file with the 2nd dept to start the process. I have the annotated family court law from westlaw and can use it to cite appelate decisions supporting my case, but how on earth do I explain that the judge made an error, didnt address the issues individually and ignored the cited cases in denying my motion?

If anyone can point me to examples (not even neccessarily family court appeals) I can extrapolate from those, but I can't seem to find any.

HELP!.

I have time, the decision is not yet in the mail, but I dont want to wait to get started...

Thankyou

Another Pro Se family court defendant.

[xena]

Firstly.. thanks to everyone here who's posted useful material to read through, It's been an interesting if somewhat long read..

History:

I filed a cross-motion to dismiss a child support adjustment in the 2nd dept (Suffolk county).
At the hearing, the magistrate denied the motion, seemingly on the grounds of a 3rd dept decision stating that they (3rd dept) felt it was proper for judges to rule on the issues rather than the "paper", seemingly implying that motions to dismiss would have to meet a very high standard to be considered.

I have several items on my cross-motion to dismiss that are legal technical violations (lack of supporting material, incorrect filing etc) that I believe should have got this thrown out.

Question:

how do I start the appeals process (Pro Se), what forms do I file with the 2nd dept to start the process. I have the annotated family court law from westlaw and can use it to cite appelate decisions supporting my case, but how on earth do I explain that the judge made an error, didnt address the issues individually and ignored the cited cases in denying my motion?

If anyone can point me to examples (not even neccessarily family court appeals) I can extrapolate from those, but I can't seem to find any.

HELP!.

I have time, the decision is not yet in the mail, but I dont want to wait to get started...

Thankyou

Another Pro Se family court defendant.

Find your state's rules of appellate procedure, they will explain what steps are needed to file an appeal.

[bweatherill]

Thanks for the suggestion, however, the procedures for the Supreme court: Appellate division dont give me an example to base my arguments on..

If anyone has some examples (or knows where I can view examples) of actual appeals filings I'd appreciate it.. If its on Westlaw or similar, I'm happy to pay to download them..

once again.. thanks for the voluntary help..

Pro Se.. Because I HAVE to be, not be cause I want to be.

[bweatherill]

Responding to my own thread for others benefit.

The process for a civil appeal in the 2nd dept seems to be documented in a howto guide available from the state unified court system website (but doesnt come up on their own searches. only googles)

read RECORD PRESS' Quick Guide Series "New York Supreme Court apellate division -- Second department"

This documents the process for filing the appeal with the original court, who will in turn forward this to the Supreme Court appellate division, from there you have 90 days to "perfect" your appeal and present it in written form to the appellate court.

The forms that need to be submitted to the original court are a combination of the 3rd departments pre-calendar statement and leave to appeal..

Hope this helps some others in the future

Brian.