Legal Question in Civil Litigation in New York
I have a case where the last appearance was 6 months ago and the judge did not respond in any way.
As far I know a NYS Judge must rule / respond within 60 days. My attorney claims there is nothing to do, and, if he would reach out to the judge there will be an adverse effect.
Is this common in NY for a Judge to drag out, or, I'm missing some part of the puzzle and my attorney is withholding some info. Is there another way to go about it?
3 Answers from Attorneys
Go to the court house and review the file.
I would personally proceed to the courthouse to review the file. It is not unusual to have judge's postponement of a decision or order for an unusually lengthy period of time in New York. Judges are usually apt to wait, hoping the adverse parties entering negotiations and agreement to terms, rather than face the uncertainty of a decision. I have to disagree with your attorney regarding contacting the court, unless he figures that he has a weak argument or case.
From experience - it is an unwritten rule never to contact the judge to speed up his decision. If he is on the fence, this may push him off the fence to decide for the other party.
The general rule is that a judge has 90 days to make a decision.
Your lawyer is stuck in a bind. You must trust his judgment.
There is nothing wrong wtih going to the clerks office and reviewing your file. I presume that no decision has been rendered, or otherwise it would have been filed. If nothing shows up at the County Clerk's office, than your attorney has done nothing wrong.
Jeffrey A. Lazroe, attorney at law, 37 Franklin Street, Buffalo, New York 14202
1-716-856-8811
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