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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88670
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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1. In 1996, the Afghan Hindu Association (AHA) decided to

Resolved Question:

1. In 1996, the Afghan Hindu Association (AHA) decided to purchase a Temple in New York and we decided to buy the second temple in New Jersey.
2. In 1998 AHA bought a temple property in Flushing, New York.
3. In 2005, the AHA board decided to buy the 2nd temple property in Hicksville, NY instead of New Jersey.
4. In 2006 Suraj Tschand files a law suit against AHA.
5. In 2007 Suraj Tschand and AHA settle the case. Please see the Settlement Document.
6. AHA reneges on the Settlement and tries to sell the Flushing property.
7. In 2011, I asked my lawyer Jeff Rosen to File a motion to enforce the Settlement.
8. Jeff Rosen said it can not be done.
9. Jeff Rosen filed a new law suite, index 1285/2012.
10. Balram, the AHA lawyer, send an answered and file a couter claim.
11. Amy who works with Jeff sent me an email on December 18, 2012 that on Jan. 2, 2013 discovery will take place.
12. Amy sent me an email on January 14, 2013 informing me that Balram, the AHA lawyer, has filed a motion to dismiss the case based on the case is not ripe and I am not a member of AHA in good standing.
13. I, Suraj Tschand, fired the my lawyer.
14. I as Pro Se filed the opposition papers to the motion and filed a counter motion.
15. On July 9, 2013, the Supreme Court of NY dismissed my claim based on my irregularity of payment of dues and the case not being ripe. The judge also added some notes paving the way for AHA to sell the Flushing, NY property.
16. I have reasons to believe that Balram the lawyer has interfered and has helped write the Judges short order.
17. My question is what is the best thing I can do ? Can I reopen the case ? If so how much time do I have ? What happens to the counter claim ?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

First, for breach of a settlement agreement, your attorney was correct in that a new suit had to be filed for breach of contract (the settlement agreement) as settlement agreements are handled like any other contract and failure to abide by the settlement is a breach of contract.

Second, when a case is decided and a judge rules, the attorney on the winning side of the case is responsible for drafting the order for the judge to sign. So it is likely the AHA lawyer did indeed draft the order. If you believe that the order is not what the judge ruled, then you can file an "Objection" to the order and provide proof that what the attorney wrote in the order is not what the judge ordered on the court record, which means you have to get a copy of the transcript from the court to show the order is different.

Finally, if you disagree with the dismissal of your suit, you have to file a notice of appeal within 10 days of the entry of the order of judgment and then you must complete the appeal filing your appellate brief with all of your errors and case law supporting your position to the appellate division and seek to have the appeals court overturn the lower court decision.

Even if your primary claim is dismissed, which you can appeal, if they have a counterclaim against you then AHA can continue to pursue that counterclaim.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88670
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for the answer.


 


Can I file a file an Objection to the Order and also Notice of Appeal ?


 


Where do I file the Notice of Appeal in Queens County, NY ?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, you can file both an objection to the order and also a notice of appeal of the dismissal.

You file the notice of appeal at the supreme court civil appeals division. The clerk in Queens will direct you to the appeals division clerk office. However, here is he information for the Second DIvision Appeals Division: http://www.courts.state.ny.us/courts/ad2/index.shtml

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