Legal Question in Civil Rights Law in New York

Re: Judge's Desion

Dear Debra:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

You have not provided sufficiently detailed information about your case for me to give an exact response, but in New York, generally speaking, it is perfectly proper to ask a judge to reconsider a mistaken decision, or even to consider new evidence that was not available before. But they rarely agree to do it, and even if they do, they seldom change their minds.

You are more than welcome to submit what you like to discourage the judge from reconsidering.

Don't forget, however, that a case can be bewildering to lay people. Often it is proper for a judge to look at the same evidence three or four different times during a case, but with a different reason and with different standard of examining it each time. For example, he may first look at the evidence only to see if there is any at all, so the case can proceed; and then look at it again to see if there is enough for the plaintiff to possibly win and make the defendant put on a case; and then look at it again to see if the plaintiff does indeed win. Since you did not say where your case was exactly, it is possible that the judge will be going over this stuff again and again anyway.

I know it is confusing, but that is what judges really do.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel Attorney at Law 516-312-9900