Submit a stay with an appeal

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james_gleeson

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I retained an attorney in NY to file a motion to appeal a case in the Suffolk County Supreme court. This case is for a custody matter.

He did file the notice of appeal which is in the Appeals court Second Department in Brooklyn.

The problem is that he was also suppose to file a motion for a stay. I want my son to remain with me while the appeal makes the decison.

My son has been in my custody for one year but the courts took him from me this past January. The court order says that I am to return him to his mother the last week of August so he can start school there. I want a stay so he can stay in the same school that he attended last year in my town. He did very well. From a 50 point average he jumped to a 92 point average here with me. THis is due to the large amount of quality time that I provide for him. He also enjoys very good health. With his mom he is always sick. He also had a younger brother here which he loves very much. He does not have any other siblings other than my younger son.

I believe that it would be in his best interest to remain in my custody until the appelates court makes a decison.

My attorney does not return my calls despite of the fact that I call him almost every day. He has ignored every single one of my calls. I contacted the appeals court in Brooklyn and they told me that the STAY has not been submitted yet.

I asked them if I can go a try do this myself. THey told me NO because the files show that there is an attorney representing me.

I am in between walls. I hired my attorney to do this past February. He continues to leading me on but has done nothing. At this point my son only has one month left with me. Yes, I know that I can always file a Grievance but I this point my most important priority is to get the STAY so my son does not have to go back. I can't afford to waste any more time

What can I do in a situation such as this? Can you tell me of a Government agency that I can contact that would give my attorney a call to let him know that he needs to do his job?

Please help.


Thank you.

:mad: :mad: :confused: :confused:
 
Originally posted by james gleeson:
I retained an attorney in NY to file a motion to appeal a case in the Suffolk County Supreme court. This case is for a custody matter.

He did file the notice of appeal which is in the Appeals court Second Department in Brooklyn.

The problem is that he was also suppose to file a motion for a stay. I want my son to remain with me while the appeal makes the decison.

My son has been in my custody for one year but the courts took him from me this past January. The court order says that I am to return him to his mother the last week of August so he can start school there. I want a stay so he can stay in the same school that he attended last year in my town. He did very well. From a 50 point average he jumped to a 92 point average here with me. THis is due to the large amount of quality time that I provide for him. He also enjoys very good health. With his mom he is always sick. He also had a younger brother here which he loves very much. He does not have any other siblings other than my younger son.

I believe that it would be in his best interest to remain in my custody until the appelates court makes a decison.

My attorney does not return my calls despite of the fact that I call him almost every day. He has ignored every single one of my calls. I contacted the appeals court in Brooklyn and they told me that the STAY has not been submitted yet.

I asked them if I can go a try do this myself. THey told me NO because the files show that there is an attorney representing me.

I am in between walls. I hired my attorney to do this past February. He continues to leading me on but has done nothing. At this point my son only has one month left with me. Yes, I know that I can always file a Grievance but I this point my most important priority is to get the STAY so my son does not have to go back. I can't afford to waste any more time

What can I do in a situation such as this? Can you tell me of a Government agency that I can contact that would give my attorney a call to let him know that he needs to do his job?

Please help.
I am sorry -- can't tell you why the attorney is not returning your calls. You should definitely send written correspondence with proof of receipt (e.g., fax, certified return receipt letter) with regard to the stay. See if that jolts him to give you a call... the attorney should have a pretty good idea that you are creating a paper trail and typically this can wake up a sleeper...
 
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