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I am pro se and I tried to file a motion in NYS Supreme

Court on January 19, 2017...
I am pro se and I tried to file a motion in NYS Supreme Court on January 19, 2017 after mailing out the papers to all parties via USPS regular mail. However, when I arrived at the clerk's office to file those documents I was informed that I could not due to the fact that the e-file docket showed that there was only a NOTICE OF APPEARANCE (PRE RJI) on record and I would have to pay for the RJI and the motion before filing it. The affidavit of service is dated for today, as well as, the motion.I would like to know will my motion and service papers be properly and timely when I complete and pay for the RJI and motion file submissions on January 22, 2017 or is there anything else needed for timely and proper correction of the papers?
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Answered in 1 hour by:
1/20/2018
DamienJD
DamienJD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5,442
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Hello Anthony: I saw that you requested me. Let me review your question.

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It should not be an issue that you served the papers, dated today, and then file the motion papers on Monday. A motion does not have to be filed the same day it is served. From what you are saying, the court did not reject the filing of the motion because of an error in the motion papers but only because you have to also file the RJI. So, on Monday you would file the motion along with the RJI, the clerk should accept it the motion for filing and you can request a stamped copy of it for proof of filing.

If by chance that the clerk does not accept the motion for filing, then you re-date the motion and the return date, and serve it again and then file the newly dated motion. As a courtesy you could call the opposing party to informed them that original motion is null and void.

I have been happy to help you again after you requested me.
If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 6 months ago
Thank you for your response in answering my question. Also, based upon your answer an important compound questions comes to mind in this matter. I would like to know by my filing the RJI what affect would it have upon my defense pursuant to RPAPL 1301(3) and by filing the RJI am I as a pro se defendant in contravention to RPAPL 1301(3) which states: While the action is pending or after final judgment for the plaintiff therein, no other action shall be commenced or maintained to recover any part of the mortgage debt, without leave of the court in which the former action was brought? For example, my defense is that the plaintiff pursuant to RPAPL 1301(3); impermissibly commenced this action because there is a prior pending action to recover all or part of the mortgage debt.

Hi Anthony: Your follow up question would require me to perform research. It could take some time. Would you like me to perform it? I can send you the premium service offer. Just let me know. When you accept it, I perform the research and we can discuss it.

DamienJD
DamienJD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5,442
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