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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5767
Experience:  20 years of professional experience
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I just rec'd a stay on all family court proceedings from

Customer Question

I just rec'd a stay on all family court proceedings from the appelette court pending the outcome of our appeal. Can the other side go to the court of appeals to get the stay lifted or do they have to wait until the appeal is fully briefed and decided on
from the appelette court?
Submitted: 1 year ago.
Category: Family Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

The answer to your question depends on the issues, and whether there is any harm to the parties in allowing the stay to continue versus allowing it to be lifted. That said, my guess is that the stay will not be lifted because the appellate court would not likely have granted a stay in the first place unless it already contemplated these issues and determined that a stay makes most sense. Of course, I'm just giving you a general answer since I don't know anything about your specific case. So please take that into account.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide positive feedback. Thanks!

Customer: replied 1 year ago.
Hi Thank you. I think my question is can a party make a motion to the court of appeals from an order that is not a final order. As I understand it the stay is temporary until the appeal is fully briefed. In addition I understand the court of appeals picks there cases so it's doubtful they would even allow the other party to be heard. If there a specifics about my case that could better help you answer my questions I am happy to go into it.
Customer: replied 1 year ago.
Also is there a certain amount of time a party had to make a motion to be heard in the court of appeals?
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

I'm afraid that I would need many more details about your case in order to get any more specific. As I am about to log off for the evening, I will open your question to other attorneys for their input so that you get an answer as quickly as possible. Thank you.

Expert:  Maverick replied 1 year ago.

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I AM LOOKING AT YOUR QUESTION NOW AND WILL BE BACK SHORTLY TO ASSIST YOU...

1. Need a clarification please. You should have been notified at the time the party moving for the stay applied for the stay motion in the appeals court. Did this not happen? If not why not...

Customer: replied 1 year ago.
Hello. Are you able to see the thread of the questions asked to the Atty last night? I was the party who went to the appelette..
Expert:  Maverick replied 1 year ago.

Yes, I see it.

It sounds like the other side waived the right to contest the stay if they did not file a response to your motion to stay. At least you could argue that in your response. If the appeals court granted your motion to stay over their response, then they may have a right to ask for a rehearing on the order granting you stay. Are you asking if NY law allows them to do that? If so this NY appellate rule applies:

§ 670.6 Motions - Reargue; Resettle; Amend; Leave to Appeal; Admission Pro Hac Vice. (a) Motions to Reargue, Resettle, or Amend. Motions to reargue a cause or motion, or to resettle or amend a decision and order shall be made within 30 days after service of a copy of the decision and order determining the cause or motion, with notice of its entry, except that for good cause shown, the court may consider any such motion when made at a later date. The papers in support of every such motion shall concisely state the points claimed to have been overlooked or misapprehended by the court, with appropriate references to the particular portions of the record or briefs and with citation of the authorities relied upon. A copy of the order shall be attached.

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