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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118637
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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August 25 2014. Short Form order ismiss Complaint pursuant

Customer Question

August 25 2014. Short Form order ismiss Complaint pursuant CPLR 706
August 2015 Motion Vacate pursuant cplr 5015.3 (fraud). Motion Denied, Barely Intelligible.
October 201 5, Motion Vacate (Better written and supported). Denied, same motion submitted twice
What should do next??
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 for educational purposes only.
Your only remaining recourse would have been to file an appeal to the court of appeals, but if you did not file the appeal in time, you may have lost your appeal rights. Under NY law you had to appeal the denial of the motion to vacate within 30 days of the judgment and you had to file a notice of appeal to the court that denied your motion. If you missed the time to appeal, your case may be over I am afraid. You can try another motion to vacate but you would need new facts and evidence not previously raised in your other motions and then seek an appeal if that motion is denied, but absent that you missing your time to appeal may be fatal to your case.
The only other hail Mary option is filing a Motion for leave to appeal out of time and you would need to present some very good cause to the court as to why you should be allowed to appeal so late (medical, disability or something significant, lack of knowledge of law or appeal rights is not good enough).