nicholas tishler (bad lawyer)

[local806nitmare]

I hope this communication finds you well.

The reason I did not respond immediately to your email of April 20 is that on April 19 I became aware that I missed the deadline for requesting oral argument in the Appellate Division, First Department, the intermediate appellate court that is determining your appeal. I am writing to explain what happened, what I did to correct the problem, why my inability to get the Court to hear oral argument will not hurt your appeal and what I propose to do for you to make amends.

After reviewing the Brief submitted by the Respondents, I determined that a Reply Brief was not necessary; our arguments were set forth fully in our Brief. Although I had requested oral argument when I filed our Brief, unlike the rules of the three other intermediate appellate courts in New York, the rules of the First Department require that counsel for both parties consult and submit a single written request for oral argument. Just after filing our Brief for the April Term, I consulted with the attorney for the Defendants and we agreed that we would request oral argument and that I would provide the single writing. Before I did that, however, the Defendants moved the appeal to the May Term, which changed the deadline for filing the written request to March 22. Unfortunately, I missed that deadline (which was when I was in Boston with my wife who had just had a mastectomy on March 19) and did not realize that I had missed it until my adversary called on April 19 to inquire about the argument date. When I telephoned the Clerk of the Court, I was told that the case had been submitted to the assigned panel and that it was too late to request oral argument. My adversary then telephoned the Office of the Clerk and was told that if we posted a letter immediately to one of the Justices of the Court requesting argument and stating the reasons a timely request was not made, it might be possible to "pull" the case and to set it down for oral argument. I immediately drafted and sent that letter, a copy of which is attached as a PDF file (if you have trouble opening this file, please let me know and I will paste the letter into an email for you). I also made other efforts to get the Court to hear oral argument but I am sorry to report that these efforts seem to have failed: this morning I received a telephone call from the Office of the Clerk informing me that the case had been submitted and conferenced and that it was too late to make the request. I was also told that we could expect a decision within four to six weeks.

[moburkes]

US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE

And, if you have a legal question, you need to ask it.

[seniorjudge]

Originally Posted by moburkes

US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE

And, if you have a legal question, you need to ask it.

Yeah...what's the question?

[You Are Guilty]

Well, I can see he's in NY, but my crystal ball clouded up right after that. (However, my Magic 8 Ball does say "Probably Not", so I'll go with that as my answer.)

[moburkes]

This may be another spam thread. We've been getting a lot lately. He may just be so mad at this lawyer, that he's bad-mouthing him.

[seniorjudge]

Originally Posted by You Are Guilty

Well, I can see he's in NY, but my crystal ball clouded up right after that. (However, my Magic 8 Ball does say "Probably Not", so I'll go with that as my answer.)

That's funny...mine says Colonel Mustard in the sun room with the lead pipe and the 86th Volume of EPA regulations!

[garrula lingua]

Loco896:
So what ???
Who's to say an argument would have made a difference ?
If your cause is righteous, it should appear so in the submitted brief & the transcripts.

You sure sound like you're a nightmare.