landlord tenant problem

[refunder]

I am from New York. I own a 2 family house. The last tenants were quite a trial. There were damages. Their final act was to open the sink drains and turn the water on. A warrant was issued for the arrest of both tenants for felony criminal mischief.He pled guilty,so his girlfriend was not arrested. In order to not go to jail he had to make restitution. This was for the damage done specifially on the evening of the felony mischief. In order to get restitution for the balance of the damage and the lost months rent while the apartment was being restored I took them to small claims court. The judge did not want to hear about the criminal charges and said I had to give her back her security less some of the damages. Behinf closed doors he lowered the amount of damages I was to receive and increased her award. After making several inquiries I was referred to the Administrative judge of the county. In his reply to me he said my complaints about the judge were substantive in nature but he could not reverse the ruling. He said my remedy was to go to the Appellate term of the Supreme Court. I got the form but don't know how to fill it out. Can you help me?
Thanks

[Edited by refunder on 02-19-2001 at 03:47 PM]

 

[LL]

djdj is your man to answer a question about New York.

It sounds kind of uncivilized. I have heard about such treatments in court, but here in California we have ways to get our complaints heard. Are you sure that you don't have any in New York?

The Administrative judge is correct that, even if you have substantive complaints about the judge's actions, he cannot reverse the ruling. Only the next higher court can do that.
Maybe djdj can help you to fill out the form.

Aside from the question of getting a better ruling for you, in California we have a Commission of Judicial Performance. Anyone in California can make a complaint against a judge's behavior, and the Commission is compelled to deal with it, with records and even their performance can be complained about. While I know what to expect from "fighting City Hall", I am impressed by the work of the Commission, that they really have standards and work hard to create a really good judiciary. Are you sure that you don't have anything like this in New York?

 

[refunder]

landlord/tenant problem

Thanks for your input. Wish we had such a system here in New York,but we don't. I don't want to hire a lawyer,but the way things work here it may be the only way.

 

[dj1]

You really dont have a choice, in housing or small claims court there are still LOTS of judges that favor tenants,

Anyway legal fees are a tax deductable expense against your rental income, and the lawyer will help you fill out the form

Also while you are there,you can see about having his paycheck or assets attached so you can get paid what he still owes you.