Appeal, Extension of Time

[s_hill1]

Counsel recently advised that a possible conflict of interest prohibits representation of me in a soon-upcoming appeal hearing. Because of the shortness of time, an extension is critical to allow me to retain other counsel before proceeding.

1. Is a request for an extension of time on an appeal, made in the same format as a motion seeking a court's order?

2. Also, is it directed to the appellate division, or the municipal court whose decision is being appealled?

3. Is it possible to seek such an extension exparte?

4. And, finally, is it appropriate to include other motions in this document, such as an order to provide reasonable access for the retrieval of one's personal property?

Nearly a half-dozen requests (phone calls, letters, from me and my former counsel) have not proved productive. Resources, reference materials, all files, documents and other information as well as my computer (and everything else I own), remain inside my home (mobilehome; I am the homeowner/tenant), critically limiting my ability to maintain my appeal, self-defense and overall quality of life.

But, gaining additional time in which to find and retain other counsel is my primary concern at this time. Assistance with information on the correct format to seek this add'l time will be very, very, very appreciated.

 

[Jack Mevorach, Esq.]

If you're in New York, please call for free consult.

Your matter is too urgent and too serious for email response. Present counsel or new, incoming counsel should be able to easily answer these questions for you.

 

[s_hill1]

Time

Thanks for responding, Jack. Thanks, too, for your consultation offer but, alas, I hail from a little college town in California, adding to the needle-in-a-haystack quandry of finding new counsel. You're right on about how critical it is that I have an attorney, which is why I had one or, so I thought. It's a real misfortune that so much time slipped by before he remembered/discovered/(fill in blank) that, "I may or possibly do have a conflict of interest..." And, I couldn't agree more that my current situation is, at best, precarious but, never the less, it will be more regretable to simply stand still than take aim and give it my best shot.

I wouldn't imagine it being an entirely insurmountable task to present the court with the simple facts of the matter that, first, I've been unlawfully denied access to my own property inside my own home for over three months, impeding my ability to maintain my appeal and adequate defense of my property (not to mention, quality of life). Having, secondly, the unforseeable loss of counsel in these final hours has been a definate show-stopper. These are significant impediments caused by circumstances beyond my control, and are valid to warrant an extension of time to avoid unfair prejudice....and...stuff.....I would sorta think......don't you?

So, whuzit look like? "Exparte Motion for an Extension of Time for Appeal" or "Motion for Order for Extension of Time for Appeal" or "Give me some *&^%$ time to do this &^%$$ appeal"......?

So, c'mon - I didn't make it through all the bs and purjured statements, crooked lawyers, falsified documents, insults, threats and gun-pulling, knife waving psycho-babble, on top of Commissioner Rewrite-the-Law, just to roll over like those before me, those as we "speak" (so to speak) and, most certainly, those to follow if I just throw in the towel, too. These guys are theiving, criminal, incestuous, dirt-bag scum with an intent to rob me of everything I own, as is their usual custom, because this is the first time they've engaged this wrestling match to be dragged across the mat.

There isn't enough time for anything but to go straight to draft ASAP and right on to the final with this thing, and gain back some time the best that I can, and worry about retaining a lawyer when retaining one isn't likely to be soon, made a moot issue. So, if I'm to look like a fool, at least help me avoid looking like a complete, hopeless fool.

 

[HomeGuru]

File a motion to request a continuance or request this in person in court.

 

[s_hill1]

HomeGuru is Kewl

Thanks for the boost, HomeGuru. It's a jungle out here!

 

[HomeGuru]

Re: HomeGuru is Kewl

Thanks for the boost, HomeGuru. It's a jungle out here!

Yes and I'm not lion.

Signed,
Leo

 

[s_hill1]

Iza Jungle

Yeah, 'n no monkeyin' around like yer hyena-kite, either!!