Results 1 to 4 of 4

Thread: Appealing Support Magistrate's decision California New York

  1. #1
    Junior Member
    Join Date
    Jan 2007
    Posts
    4

    Default Appealing Support Magistrate's decision California New York

    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.

  2. #2
    Senior Member
    Join Date
    Aug 2005
    Location
    Florida
    Posts
    4,265

    Default

    Quote Originally Posted by bweatherill View Post
    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.

  3. #3
    Junior Member
    Join Date
    Jan 2007
    Posts
    4

    Cool Thankyou

    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.

  4. #4
    Junior Member
    Join Date
    Jan 2007
    Posts
    4

    Default

    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.

Similar Threads

  1. illegal alien request child support from USC
    By drama in forum Marital Immigration Laws
    Replies: 97
    Last Post: 01-22-2007, 11:37 AM
  2. court for support tuesday , child not biologicaly mine New York
    By chump in forum Child Custody & Support
    Replies: 1
    Last Post: 10-29-2006, 07:55 AM
  3. What Voluntary Contributions are allowed for the 2005 tax year? California
    By qacrawler in forum California State and Federal Tax Law
    Replies: 0
    Last Post: 07-03-2006, 10:08 PM
  4. Assurance of Support - useful info!
    By icequeen1 in forum Debt and Loans
    Replies: 8
    Last Post: 01-18-2006, 03:54 AM
  5. Assurances of Support - New Rules
    By George Lombard in forum Personal Debt
    Replies: 2
    Last Post: 06-30-2004, 07:31 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •