I live in Rockland County, NY which is a small community entrenched with connections throughout the court system and I've found that the Attorneys are difficult to trust. I have had to terminate 3 different Attorneys for erroe; lack of due diligence and unpreparedness for trial. I have spent thousands of dollars to no avail. So I have been doing a ton of research and hoping to be able to get something accomplished at this point. The problem with the Family Court is that the judge is temporary and has never been on a family law
bench.There's a new judge coming in January but until then I do believe that this judge will be reviewing everything as well as the Support Magistrate. And I am making a motion to recuse her for multiple, valid reasons. So my thought was if I submit an 1. Order To Show Cause to the Supreme Court for Constructive Emancipation which I have educated myself a ton about; submit the request for relief to the Support Magistrate through the form you forwarded me (thank you:); wait to see what her determination is and then asked Supreme to consolidate the current custody dispute, investigation of contempt for tuition and submit sanctions for his fabrication of disparaging documents I allegedly wrote my daughter which were submitted formally with his contempt petition; ask for lawyer's fees to be reimbursed as per our original agreement stating if one of us violates the agreement, and, based on the significant custodial interference and the "error" pursuant on the part of my first Attorney (instructed me to go to work rather than attend initial appearance which resulted in default sole custody). But Supreme doesn't allot assigned counsel to support cases and emancipation is under support, correct?Get this...Are you familiar with NY CPLR 7801? I was just disecting it and it seems like most of these issues fall under this:
Whether a determination was made in violation of lawful
procedure, was affected by an error of law, or was arbitrary and
capricious or an abuse of discretion, including an abuse of
discretion as to the measure or mode of penalty or discipline
imposed (mandamus to review). MtL of Arrocha v. Bd. of Educ.
of Citv of N.Y., 93 N.Y.2d 361 (1999) (The standard of review
considers whether there's a rational basis for the determination,
whether the determination is arbitrary and capricious); MtL of Poster
v. Strough, 299 AD.2d 127, 140-43 (2d Dep't 2002) (Mandamus to
review questions the rationality of the administrative act where there
is no record before the agency comparable to a trial record, and the
parties are free to present any competent evidence in support of their
4. Whether a determination made as a result of a hearing at
which evidence was required to be and was taken is, on the entire
record, supported by substantial evidence (certiorari to review).
MtL of Kolt v. Zoning Bd. of Appeals, 159 A.D.2d 625 (2d Dep't
1990) (Substantial evidence challenge to agency determination made
after a hearing falls under certiorari to review); see generallv MtL of
Poster v. Strough, 299 AD.2d 127, 140-43 (2d Dep't 2002), for a
comparison of certiorari and mandamus to review....I haven't researched where I would file the above and if you have a clue please let me know.
The Judge; The Magistrate and my First Attorney. Oh and the Law Guardian. He's been assigned to investigate my "witness list" and review my evidence and report back to the judge on whether he thinks I am worthy of a trial, as per the judge's instructions last appearance.Do you know of any solid attorneys in the ninth district of NY? Do Attorneys do payment plans? I do think there's a good chance I may be reimbursed for legal fees as per all of this BS my ex has created. Sorry this is so lengthy but this is assisting me greatly and I truly appreciate it.