Legal Question in Real Estate Law in New York
how to get a judges order dismissed
I went to court to get my foreclosure sale dismissed. The last court date was 2/22/08. The judge said she would send her decision through the mail. I received an eviction notice on 9/9/08. I was confused because the judge stayed my eviction in Feb pending her decision which she was to notify me by mail. I went to supreme court at the direction of the civil judges clerk. to my dismay the supreme court had the decision on file from the judge since march 7 2008! My appeal process is null and void because of this. Yes I still reside in the home with my children. My rights were violated throughout this whole process. The mortgage company, the banks and now the Judge. What can i do? please respond asap. thankyou
1 Answer from Attorneys
Re: how to get a judges order dismissed
An appeal of an order is from service of Notice of Entry by the bank's attorney and not when the Order is entered by the clerk of the Court.
If you never received Notice of Entry from the attorney, your right of appeal has not expired.
Mike.
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