Legal Question in Family Law in New York
Filing a Motion
I realize that I can appeal this divorce but here is something I need a straight answer to. The judge ordered my ex's attorney to settle judgement with notice. My attorney had skipped town before we began a trial for equitable distribution. I recently was able to get her new e-mail address and asked her did she ever recieved a copy of the proposed judgement, proposed findings of fact and notice of entry of the judgement of divorce and she e-mailed me back and said no. Can I file a motion to deemed the judgment abandoned even though the judge signed and filed the judgment and my attorney stated that she never recieved a copy of the judgment and neither did I. I believe that my ex's attorney was suppose to serve copies of this proposed judgment on my attorney prior to submitting this judgment for signature to the judge. I believe my attorney was also suppose to recieve a notice of settlement with a copy of the divorce. Again, I ask can file a motion to deem this judgement abandoned since I never recieved a copy of this divorce and to at least get the e-mail into evidence for an appeal if one is required. The judgment was entered by the court in January 2002.
2 Answers from Attorneys
Re: Filing a Motion
A judgment is never "abandoned." It is either entered or not entered. I would need to know more about your specific facts before giving you advice of how to proceed but I do not believe that what you propose would be a successful way of proceeding.
Re: Filing a Motion
Technically, a judgment may be deemed abandoned if it is not settled within 30 days. Practically speaking, however, a court will see this as a formality and will likely not deem the judgment abandoned.
If you are contemplating an appeal on other grounds it is possible, but not guaranteed, that you could be allowed to file a late notice of appeal if you were never served with a copy of the entered judgment.
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