Firstly.. thanks to everyone here who's posted useful material to read through, It's been an interesting if somewhat long read..
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.
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.
I have time, the decision is not yet in the mail, but I dont want to wait to get started...
Another Pro Se family court defendant.