Posted by JJ on March 14, 2000 at 11:47:34:
In Reply to: Summary Judgment and Notice of Entry - HELP posted by Caroline on March 14, 2000 at 08:59:34:
: The Judge in Queens just gave a summary judgment and notice of entry to the landlord. How do i appeal? I have proof that I should have won and the judge refused to let me admit any documents such as the certificate of occupancy. She refused a motion to reargue and/or renew. Is there a site on how to appeal? thanks. very important. only have 10 more days to get out. have 5 kids and lost section 8 and still the Judge said the landlord didnt have to follow the Williams Decree. She also said "it doesnt matter that i have no refrigerator for over a year or that my bathroom ceiling is falling down". Its not an issue.". Please help me find a site to find out how to file an appeal. thanks.
you have to file a Notice of Appeal within 30 days of the date of Entry (not sure which date: filing, serving?) you do this at the Appellate Term Court, part of the Supreme Court in your county. this is just a one-page form you just fill out, get a friend to serve on landlord, then file with the clerk back in Housing Court, costs $25. do it now. then you file for a Stay of the judgment: they might allow it only if you pay the judgment amount now, but you would get to live in your apt. don't worry about the Appeal itself right now: the Stay is what's important. if you qualify, you could be granted Poor Person's status: then you don't have to pay the $25 AND, more inportant, the court gives you a transcript for free (these can be expensive: mine cost over $1000).
the best thing to do is to take all of your papers (a complete photocopy of your court papers, your lease, Section8 papers, etc) to an attorney ASAP. try the Pro Se atty in Housing Court, or a Tenant Clinic (Call Met Council Wed pm 121.693.0550 ), or to Legal Aid (if you're not eligible, they will refer you elsewhere) call MFY Legal Services.
I don't know a website for 'how-to-appeal'
don't worry about that today.
you need that Stay.
if this was a Non-Payment case, you can pay all of the judgment to the landlord or to the court: this will stop the eviction. then worry about the appeal later, but file the Notice ASAP. if you win the Appeal, you'll get your mainey back.
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