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Appeal: fees, deadline, who reviews, transcripts, outcome worse than original, etc?

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clNYcl

Junior Member
What is the name of your state (only U.S. law)? NY

:confused:

1. I received a ruling from a judge that I'd like to appeal. Unfortunately, I must obtain a transcript, and the cost of that will be several hundreds of dollars. Is there any way to get a waiver for the transcript fee?

2. In the ruling for my small claims case, the written decision seems based on mistaken facts that were presented during the hearing. For example, the judge mixed up locations and dates in her written decision, so I'm not sure if that caused the judge to decide against me. There are several errors of fact in the decision. Is that a valid reason for an appeal?

3. In an appeal, does the original judge review the case or is it passed along to a new person?

4. Postmark on ruling is 2 weeks after judge signed order. Instead of having 30 days I only have 2 weeks to research and appeal. Is there any way to extend the time
to appeal based on date the ruling was mailed, vs when it was made? How?

5. In an appeal, can the loser end up paying more than the original ruling? EG: In the original ruling, I'm ordered to pay $500. Can the appeal judge order me to pay more?

6. How soon must a judgement be paid?

7. Can money be taken from my paycheck? what is the process for that to start, how long?
 


BL

Senior Member
What is the name of your state (only U.S. law)? NY

:confused:

1. I received a ruling from a judge that I'd like to appeal. Unfortunately, I must obtain a transcript, and the cost of that will be several hundreds of dollars. Is there any way to get a waiver for the transcript fee?

2. In the ruling for my small claims case, the written decision seems based on mistaken facts that were presented during the hearing. For example, the judge mixed up locations and dates in her written decision, so I'm not sure if that caused the judge to decide against me. There are several errors of fact in the decision. Is that a valid reason for an appeal?

3. In an appeal, does the original judge review the case or is it passed along to a new person?

4. Postmark on ruling is 2 weeks after judge signed order. Instead of having 30 days I only have 2 weeks to research and appeal. Is there any way to extend the time
to appeal based on date the ruling was mailed, vs when it was made? How?

5. In an appeal, can the loser end up paying more than the original ruling? EG: In the original ruling, I'm ordered to pay $500. Can the appeal judge order me to pay more?

6. How soon must a judgement be paid?

7. Can money be taken from my paycheck? what is the process for that to start, how long?
http://www.nycourts.gov/courts/jd/suffolk/dist/smallclaimsbook.shtml#appeal

http://www.google.com/search?q=guide+to+small+claims+court+ny&sourceid=ie7&rls=com.microsoft:en-US:IE-SearchBox&ie=&oe=&rlz=1I7PRFB_enUS485

See about arbitrators ..

Also it may be a bit different either in NYC or outside NYC.


Depending on how long it's been since the decision was postmarked ,you can file an written objection with the clerk of the court ( no charge if I remember ) , and a Judge will decide . You have either 30 or 35 days .

The objection must be based on mistake of facts or error of law.

If that ruling does not go in your favor you then can file an appeal.

If I recall I pd. $50.00 for a transcript . That was earlier 2000's.

Perhaps it was because I applied under "poor person status" meaning I qualified within the financial guidelines.

Ask the clerk of the court .
 
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