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Kim Courtney
Kim Courtney,
Category: Legal
Satisfied Customers: 4198
Experience:  Founder/Member at Food Business Association
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What constitutes a hearing in an order to show cause Is

Customer Question

What constitutes a hearing in an order to show cause?

Is it a conference in judges chambers with no court reporter or transcript? - and
Where the petitioner was denied access by an armed court officer? - and
Where interested parties and general public was denied access? - and
Decision is then based on the parers submitted and not oral arguments purportedly heard at “hearing”?

What are the options to deal with this “rogue judge?”


Cases and/or statute please
Submitted: 8 years ago.
Category: Legal
Expert:  Kim Courtney replied 8 years ago.

Hello, I am happy to answer your question.

It doesn't sound right to me.

What court are you in?

Thanks,

Kimberly

Customer: replied 8 years ago.
new york civil court
Expert:  Kim Courtney replied 8 years ago.

Looking at the Civil Practice Law and Rules I do not find any rule that states that a hearing is "required" for an order to show cause to be considered.

This might be where you have difficulty here, because if there is no hearing required at all, then what the judge did was to NOT have a hearing, and to decide based upon just the papers, which i believe is what was stated in the decision, correct?

It certainly doesn't sound like you are being treated very fairly, but to be honest I don't think you have recourse in this instance. The judge decided on the papers, so what happened in court that day wasn't on the record.

Your option is to appeal, but you will need to have a basis for that appeal based upon the papers, not based upon what the judge did.

You can also make a motion to have the judge removed from the case. This is a VERY tricky thing, and I have seen it go very wrong for people. It doesn't happen often and only if there is a severe conflict of interest. In the end , the judge is the judge and it is his courtroom, so as long as he isn't going extremely outside of some written rules, there is not much you can do.

I hope this was helpful and good luck to you.

Kimberly

Customer: replied 8 years ago.
the problem is that the opposing parties response papers claimed law x held sway, my attorney argued that law y held sway. judge did not acknowledge law y or that there was any arguments presented..

also, On the order to show cause it enjoined opposing party from certain activities until there is a hearing".

does that do anything?
Expert:  Kim Courtney replied 8 years ago.

Ok. The judge does not have to lay out every aspect of his reasoning in a decision, unfortunately, so the fact that he didn't mention law y doesn't really help you.

The injunction from certian activites until there is a hearing is fine as well. I assume he didn't say when that hearing should be?

I think you will have to go with the flow on this one unfortunately.

Take care,

Kimberly

Customer: replied 8 years ago.
it was the date that the armed guard would not let me no chambers.
Expert:  Kim Courtney replied 8 years ago.
Ok, but what was the outcome of the injunction aspect after that "hearing" date in he judge's decision. Did he lift that injunction or is it now a permanent injunction? I am just trying to get a clearer picture here.
Customer: replied 8 years ago.
return date was march 18.

on that date was when petitioner was not allowed into chambers when arguments were made. and in fact armed guard kept ALL interested parties out.

1 week later a long form decision is requested.

98 days after return date decision is issued.

decision includes no reference to anything attorneys argued, and in fact states that decision is "on the papers submitted" as though the arguments had never been made.

in decision, motion is denied and judge lifted stays 98 days after "hearing" in chambers without reporter/transcript.
Expert:  Kim Courtney replied 8 years ago.

I don't think there is anything you can do about this from my perspective. Especially since the judge kept all interested parties out of chambers and lifted the stays.

Best of luck,

Kimberly

 

Expert:  Kim Courtney replied 8 years ago.

Hello. I see that you received all of my answers.

Please click "Accept" so that I can get paid for my work.

Thanks and good luck.

Kimberly