Posted by Caroline Fass on October 27, 1999 at 22:55:59:
In Reply to: Re: JUDGE GRANTED SUMMARY JUDGMENT FOR LANDLORD posted by Mark Smith on October 25, 1999 at 22:17:48:
: You have thirty days from when you are served with the order and notice of entry (35 days from the date of mailing, if served by mail) to appeal or to move to re-argue. You are NOT in the jurisdiction of the Appellate Term, First Department, which covers Manhattan and the Bronx.
: Try to get something in writing from the Department of Buildings about the Certificate of Occupancy, for the motion to re-argue, or possibly for a motion to renew (new evidence).
: The motion to re-argue does not extend your time to appeal the original order, and if the judge denies your motion to re-argue, you don't have a right to appeal the denial.
CAN I WRITE A MOTION TO RENEW AND/OR MOTION TO REARGUE MOTION AND BRING IT TO THE TRAVERSE HEARING ON NOV. 4? THE LANDLORD WILL WIN ACCORDING TO THE JUDGE ONLY IF HE WINS THE TRAVERSE HEARING. CAN I MAKE A MOTION TO RENEW AND/OR ARGUE AT THIS HEARING? THANKS. PLEASE HELP. EMERGENCY. I HAVE 5 KIDS AND NO PLACE TO GO EXCEPT BACK TO SHELTER AND MY KIDS ARE UNDER 7 YEARS OLD. I WENT TO DEPT. OF BUILDINGS AND LANDLORD HAS NEW VIOLATIONS AS OF 10/22/99 A DAY AFTER THE JUDGE MADE HER DETERMINATION ON 10/21/99. SHE SAID THAT SHE WAS GRANTING SUMMARY JUDGEMENT FOR THE LANDLORD PENDING THE TRAVERSE HEARING. IF I WIN THE TRAVERSE HEARING, THEN THIS CASE WILL BE DISMISSED. PLEASE HELP ME SOMEONE.
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