QUESTION

How to appeal order to show cause decision in Kings County Supreme Court of new York?

Asked on Dec 15th, 2011 on Libel, Slander and Defamation - New York
More details to this question:
Althouth order was granted "settle order on notice" the judge denied preliminary injunction saying no proof of service. However, I sent proof of service and proof and the defendants refuse to accept any correspondence from me. Judge also said it could not provide the order because I did not name the employees inidvidually. Used Mt. Vernon Best Development Co. , 1935 268, 327, 331, 197 N.E. 299, 301. However, I named the Nursing Home and its employees to which it was initially granted. Judge took almost 4 months to make decision and only after I submitted complaint on her staff who were deliberately thwarting the order from being signed. Stating they lost papers, then that the order was signed, then that they made a mistake it was not signed and on and on. I not only provided the court with proof of Certified Mail in which all the defendants refused to accept the documents. In addition I wrote a letter to the judge on this matter and had asked for the use of a Marshal or Sheriff.
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1 ANSWER

Matrimonial Law Attorney serving New York, NY at Law Office of Gerry Wendrovsky
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Your detailed question requires that in this instance, even if you are pro se, that you consult with a qualified attorney. There are time limits to file a Notice of Appeal and the actual appeal. It also appears that the failure to effect service may mean that you can revisit the matter through another Order to Show cause, but again, this should be discussed with an attorney, who can provide a possible strategy or roadmap, even if you elect to continue on your own. Gerry Wendrovsky, Esq.- Upper West Side Lawyerwww.upperwestsidelawyer.com  
Answered on Dec 20th, 2011 at 12:37 PM

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