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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26390
Experience:  Litigation Attorney
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I have used this site several times. Once again, I am at a

Resolved Question:

I have used this site several times. Once again, I am at a loss. I was divorced in Dec. 2011. At the time I was unrepresented. First lawyer was disbarred by second lawyer. Second lawyer in the 11th hour before trial asked to be dismissed. He was denied, asked again and I released him. My gut told me something was up. I went to the County Clerk and found out in fact, my husband and his lawyer, and most likely mine, were lying to me and the Judge regarding a $650,000 tax lien on our home. I hired a new lawyer and my ex was served papers for Fraud and Perjury and we were assigned an Appeals Judge.

my case: Paswall vs. Paswall
lawyer: Hirshfeld and Hirshfeld - New City NY
judge: John Colangelo AJSC
111 Dr. Martin Luther King Jr. Blvd, White Plains, NY (Westchester County)

Judge received all filings in Oct. 2012. His deadline was Feb. 28, 2013. Every time I ask what is going on, I get the same answer, Judge has not reviewed yet. A month ago my lawyers office was told a decision had been made and would be receiving info. in a few days. My lawyer now says "that was clearly a lie". Also, he is not "privy" yet, as to the reason, but either our Judge is retiring or moving to a different division and we will be assigned a new Judge. Does any of this make sense? How do I get to the truth? Could my husband and his lawyer - Louis Newman - NYC, have control over the Judge?
Brenda
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question, but I'm sorry for your troubles with finding out what is going on with your case! I know that is very frustrating.

 

However, the simplest way to find out the status of your case is to go to the court clerk's office and take a look at the court docket. The docket page for your case will show ALL activity in your case. Anything that has been filed by a party or the judge will be listed there; if an order has been entered regarding your tax lien issue, it would be listed there.

 

USUALLY, your attorney would be familiar with the case and could tell you what is going on, and provide copies of the order/court decision, etc.. But, if you want to take it upon yourself to find out what is going on, the best option is to review the court docket.

 

If a decision has not been entered, you can speak to your attorney about filing a motion for a status conference to find out where this matter stands.

 

As for the judge, your husband and his attorney should not have any control over the judge as that is completely illegal. Thus, if you have any proof of some conspiracy or relationship that is improper, that would be something you would want to report to the NY State Commission on Judicial Conduct (http://www.scjc.state.ny.us/).

Roger, Attorney
Category: Legal
Satisfied Customers: 26390
Experience: Litigation Attorney
Roger and 17 other Legal Specialists are ready to help you
Expert:  Roger replied 1 year ago.

Hi - you can respond here so you don't have to open a new question each time.

 

Your last post was:

 

Thank you Kirk. The Tax lien was in fact in place YEARS ago, and my husband slid under the radar and Stat. of Lim. expired, so he got away with not paying. I was told it was, and lieu of giving him the house they would indemnify me of any past, present, or future tax issues. He is VERY wealthy and I do believe he paid off my 2nd lawyer. Why though, would my lawyer not know what's going on? Also, he has said on a few occasions that he doesn't want to continue to ask the Court they will anger

 

Your lawyer SHOULD know what is going on - - that's what you pay him for! And if he doesn't know, then he should be able to find out very quickly.

 

As for making the judge angry, it's not generally going to upset a judge if you ask for a status conference - - especially if it has been some time since the hearing on the matter. Thus, a single request for a status conference should not be an issue.

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