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Infolawyer, Lawyer
Category: Family Law
Satisfied Customers: 65752
Experience:  Experienced lawyer
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I filed an order to show cause in Queens county family court

Customer Question

Hello I filed an order to show cause in Queens county family court in NYS to vacate a default obtained by fraud and have the case dismissed. In my papers, I did not request a traverse hearing but one is needed because my client disputes ever being properly serve, on good basis, and the petitioner is still forging ahead despite proof that my client was not served. The Magistrate has not ordered a traverse hearing. Do I file a motion for one. If so, what is the best method
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: yes New York
JA: Have you talked to a lawyer yet?
Customer: I am a lawyer....I understand how to file, etc. This is a little nuance that in researching, your site popped up. So if I can get a quicker response, that is on point, it is worthwhile to use your site.
JA: Anything else you want the lawyer to know before I connect you?
Customer: are you reading my questions it does not seem that way
Submitted: 1 year ago.
Category: Family Law
Expert:  Infolawyer replied 1 year ago.
You can argue the motion and may prevail on papers. The court often will order traverse on its own if it wants to hear from witnesses. No need for a separate motion.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Customer: replied 1 year ago.
NO. I understand that but the Judge is a real piece of colored justice. Though papers are very good and thorough, I would like the court to order a traverse hearing. Since, my initial papers did not specifically ask for one, I want the record to be clear that I have requested one. She will not order one on her own. I have not requested one expecting that she would order one but she did not.
Customer: replied 1 year ago.
Expert:  Infolawyer replied 1 year ago.
You can file a separate motion or ask for it at conference. If concerned judge won’t do it file a separate motion.
Customer: replied 1 year ago.
You provided a generic answer, which does not help.. I already know the information provided.
Expert:  Infolawyer replied 1 year ago.
what more can I answer for you?
Customer: replied 1 year ago.
I do not need a generic answer. If it is not necessary to file a seperate motion and the court has not ordered a traverse hearing. I do not expect her to grant an oral request. Should I file a motion prior to the court date, If yes, what is the procedure
Customer: replied 1 year ago.
I am a lawyer, who filed an OSC TO VACATE A DEFAULT JUDGMENT IN NYS FAMILY COURT BASED ON NY CPLR 5015(a)(3)(4) and dismissing action pursuant to CPLR 3211(a)(8). In my osc, I did not request a traverse hearing and would like to do so now because of who the Judge is. How do I go about doing so. I think the Judge will not entertain an oral request. The court did not order a traverse. It is needed here. The respondent (my client) states he was never served, with credible proof. Petitioner created a false affidavit of service.