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xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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Im the defendant of a civil supreme action, the judgement

Resolved Question:

I'm the defendant of a civil supreme action, the judgement was in my favor, the case was dismissed with cost of $450. The plantiff filed an appeal with a motion to retax the cost currently returnable on May 17.

What should I do on May 17?

Can take an action to dismiss the case on May 17?

Thank you.


Shawn
Submitted: 1 year ago.
Category: Legal
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

What type of case was it?

Were the costs to be paid directly to you? Or, were the costs to be paid to your attorney and then distributed to you?

Thanks
Customer: replied 1 year ago.

It was a Civil Supreme case in the State of New York Centralized Motion Part (CMP).


 


Costs before note of issue


CPLR 8201subd.1..$200.00


 


Costs after note of issue


CPLR 8201 subd. 2...$200,00


 


Motion Expenses CPLR 8301(b)...$45.00


 


The cost was to be paid to my attorney and then distributed to me.


 


Thanks.

Expert:  xavierjd replied 1 year ago.
Hi Shawn,

The BEST course of action is to contact the attorney who represented you in the Supreme Court case. You paid for your representation!

You may wish to ask the attorney if s/he has had any contact with the opposing attorney. If an appeal was properly filed with the Court of Appeals, the disbursement of the costs to you may have been stayed until there is a decision by the Court of Appeals. Your attorney will be able to give you this information.

The Plaintiff must have appealed the decision in the underlying (original action). The Plaintiff most likely did not appeal only on the issue of costs.

Again, you should be in contact with the attorney who represented you in the original case. S/he will be able to let you know where the matter stands.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Customer: replied 1 year ago.

Thank you for your reply.


 


You're correct, the planitiff's counsel is appealing for the decision in the underlying not only on the issue of the costs.


 


I will represented myself as pro se in the Appellate Division and my original question was:

What should I do on May 17?

Can take an action to dismiss the case on May 17?

Thank you.


Shawn


 


 


 


 

Expert:  xavierjd replied 1 year ago.
Hi Shawn,

You can't bring a Motion to Dismiss on May 17th. That is because the case is being appealed. Therefore, there is nothing you can do on the 17th. However, you NEED to make sure that the Plaintiff actually did appeal. Sometimes, a losing party will say that it is going to appeal, but then doesn't follow through.

You should contact the attorney who represented you in the case that is now being appealed. If any documents were filed by the Plaintiff, they were probably sent to your attorney. You need to get any of those documents.

Some basic rules governing appeals are contained in Articles 55 and 57 of the New York Civil Practice Law and Rules. Each Department of the Appellate Division also has its own individual set of rules governing more specific details of practice before that court. Unlike other states that have statewide rules of appellate procedure, there is no set of appellate rules shared by all four departments beyond those contained in the CPLR.

Below is a link to Article 55.

http://law.onecle.com/new-york/civil-practice-law-rules/article55.html


Below is a link to Article 57.

http://law.onecle.com/new-york/civil-practice-law-rules/article57.html



I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!





Customer: replied 1 year ago.

Thank you for your answer.

 

Notice of appeal has been filed and copy forwarded to Appellate Division on May/7.

 

Do I have to appear in court on the 17th?

 

Do I need to file an opposition motion on the 17th?

 

(There's nothing I can do except waiting for the opposing party to get the case perfected within 180 days?)

 

Thanks.

 

 

Shawn

 

 

Expert:  xavierjd replied 1 year ago.
Hi Shawn,

Is there currently a scheduled court date on May 17th? If so, in what court has the date been scheduled? Or, is the 17th just the date that was given for the Plaintiff to pay you the judgment?

Was the Notice of Appeal sent to you? Or was it sent to your attorney?

Thanks
Expert:  xavierjd replied 1 year ago.
Hi Shawn,

Also, below please find a link to the Appellate Divisions for the Supreme Court. If you click on the appropriate division, then on the left hand side, it will give you all of the information regarding filing deadlines, procedural and other rules, calendering, etc. The information provided should indicate what, if anything, you need to do and the time frame in which you must do it.

http://www.courts.state.ny.us/courts/appellatedivisions.shtml


I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
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