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New York State Court of Appeals &
Jury Trial for Custody

After the setback at the Appellate Division, I continued by attempting an appeal to New York State's highest court -- the Court of Appeals.   Below I have presented links to the actual documents as they were filed and hope others can learn from my attempts and my mistakes (and do better the next time).

  • 20 May 98 - Notice/File Appeal to the New York State Court of Appeals

  • 28 May 98 - Filed required Jurisdictional Statement (500.2) with the Court of Appeals. Paragraph 7 contains a brief summary. In New York State the Court of Appeals can screen incoming cases.

  • 27 May 98 - Filed motion to reargue with Appellate Division. 

  • 2 June 98 - Received letter from Court Clerk, Court of Appeals, requesting more info so Court can make a determination to jurisdictional grounds. On a seperate, but more critical area, got served with papers my child may be relocated to California!

  • 2 June 98 - Submitted a greivance against the attorney's for factual misrepresentations made during the Trail and the Appeal. In a most surprising letter, got a response that even if all my allegations were true, it would not be misconduct! No need for an investigation.

  • 12 June 98 - Filed supplemental information with Court of Appeals. Detailed references to the Record.

  • July 98 - Received letter from Court Clerk, Court of Appeals, requesting decision from Appellate Division on my prior motion to argue.   The Appellate division denied the request, and I forwarded that information to them.

  • 1 Sep 98 - Response from New York's Court of Appeals -- in a brief order, they elected not to hear the appeal. The reason, lack of finality from a Divorce Judgement?