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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I had a summary judgment entered against me on 9/2/2016. I

Customer Question

I had a summary judgment entered against me on 9/2/2016. I never received a copy of it or any notice that it was entered. There were continuing issues to be resolved which was done on 10/27/2016 at which time I learned the judgment was entered back on 9/2/2016 The case was closed on 11/1/2016 I want to appeal the decision but was told that I only had 14 days from date of the order. Since more issues had to be resolved and I was back in court on 10/27/2016 does my 14 days start from then?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: NY
JA: Has anything been filed or reported?
Customer: I now a a copy of the ordered dated 9/2/2016
JA: Anything else you want the lawyer to know before I connect you?
Customer: Case closed 11/1/2016 does my 14 days start then
Submitted: 1 month ago.
Category: Legal
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation. Please tell me, from which court are you attempting to appeal the judgment?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 month ago.
Case was bankruptcy court and appeal would go to district court
Expert:  Ely replied 1 month ago.

Thank you. Regardless of the issues beforehand, the notice of appeal is to be filed 14 days after entry of judgment, per Rule 8002. So the time begins running at entry of judgment by the BK Court.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 month ago.
Since I had no way to know it was entered can I file a motion for leave to file out of time
Expert:  Ely replied 1 month ago.

How did you not know that it was entered? What happened? Were you not served with the summons/motions? If not, why not?

Customer: replied 1 month ago.
I was in court multiple times. I contested the summary judgment motion but lost. I then received notice that plaintiff was withdrawing complaints on rule 727 but keeping them in rule 523. I was asked to sign a stipulation but did not so a motion to withdraw was filed and I was back in court on 10/27. That motion was granted and when I asked the judge on appealing the decision she directed me to the clerk who gave me s copy of the order. That is when I learned it was entered
Expert:  Ely replied 1 month ago.
Thank you. I am afraid this does not really give someone in your situation extra time. So you want to file the appeal within 14 days if at all humanely possible.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 1 month ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!