Legal Question in Family Law in New York

preclusion

A preclusion order was sighed against my friend in a divorce manner, after his lawyer skipped town on him, we went over the court papers. We found that in the motion papers there were two things involved, an order to shown cause to keep him from signing an renewal lease on his apartment (his wife got an order of protection against him for 2nd degree harrassment and had him excluded from the home with the help of the man she was having an affair with, which he has on tape from the answering machine) and

request for documents which he had all ready given them and for documents that were in his home under the control and possesion of his ex. He has filed his networth statement with the trial support office, she did not, he has since sighed permissions for her to get whatever info she wanted, she has yet to hand over or file any fianancial statements. Since he has sighed he permissions that they wanted is he still preclueded from given testimony at the trial for equitable distribution? What can be done?


Asked on 4/19/02, 3:51 pm

2 Answers from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: preclusion

Since you are not the client, and I am not the attorney, I am reluctant to speculate with you here about what may have happened in this case.

Suffice it to say that you friend has a serious problem and needs a lawyer who will work with him (and for him). He may be entitled to a refund / reimbursement from a State Fund for fees paid to his former attorney.

I practice in NYC and Long Island. If that is where he is located, suggest you ask him to call me to schedule a consultation. I would want to see the court papers and speak with your friend before giving him any case-specific advice.

(516) 741-7799 / web: www.BravermanLawFirm.com

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Answered on 4/19/02, 9:19 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: preclusion

If your friends case is going to have an equitable distribution trial, he needs to get another attorney. Equitable distribution is complex at best, and he should have skilled counsel. If his attorney "skipped town" he should file a complaint with the local Grievance Committee. He can call the local courthouse to find out how to reach the Grievance Committee.

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Answered on 4/22/02, 1:55 pm


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