Legal Question in Appeals and Writs in New York
Deemed abandon or appeal
In January 2002 my friend was divorced when the judge signed and entered the judgment. At the end of the trial for grounds the prevailling party was directed to settle judgment on notice. His attorney went AOL and on Jan. 28, 2002 he filed a notice of appeal. His opponent had knowledge that his attorney was no longer at the last known address to the extent that they sent him mail to appear in court. He is waiting for a decision from a current action on a motion to vacate the judgment. Meanwhile, he checked the County Clerks's Office and did not find a copy of the notice of entry, notice of issue or certificate of readiness filed with the Clerk. He tracked down his ex attorney and e-mailed them and asked if they ever recieved a copy of the proposed judgment, proposed findings of fact and notice of entry of the judgment and their response was no. Can he now motion to deem the judgment abandoned or can he serve and file a notice of entry himself and then appeal the judgment? But that is not what bothers him. He is confused as to what settle judgment on notice legally mean and do it require that the other party file with the clerk a notice of entry of the jujdgment.
2 Answers from Attorneys
Re: Deemed abandon or appeal
I will answer the last part of your question first. To "settle judgment" or "order" on "notice" is an action taken when the court directs an attorney to prepare the judgment or order. This is after the case is heard. Some counties do not use this procedure as much as others. It is more prevalent in NYC.
The attorney types up the judgment or order and submits it with notice of settlement. That gives the other side an opportunity to check that the judgment states the matter correctly, abd if not, to submit a counter judgment or order, and the court will pick the appropriate one to sign.
After it is signed and entered by the county clerk, it is then served on all parties with "notice of entry." The time to appeal runs from service with notice of entry. It expires thirty days later.
The first part of your question doesn't make sense. There are too many "he's" for me to know what you are asking.
Who is missing an attorney? You said a judgment was entered, also that a motion to vacate is pending since 2002. And something about an appeal.
Clarify.
Re: Deemed abandon or appeal
Your question appears to involve the same parties and subject matter as that of #307409404 to which I have previously responded.
Related Questions & Answers
-
Premature appeal After a judgement of divorce I filed a notice of appeal because my... Asked 11/04/04, 11:59 pm in United States New York Appeals and Writs
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
