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View Full Version : Appealing a small claims case in ny


bgemstar
Jul 28, 2010, 09:30 AM
my daughter was given her insurance policy by my ex.. he signed and dated the document the Ins. co. uses.. however, she held off turning into her name alone. She contacted the Co. to have them use the policy to pay itself until she decided whether she would cash it in for the cash value, or maintain it. A few months went by, the ex discovered she had not yet switched it out of his name and cashed it in. She took him to small claims for the value of it.. $2400.00. The girlfriend of the ex's father is a councilmen in this town... the ex lived in an apartment with the GF which is part of the Councilmans home... during the court hearing.. the counselmen appeared, the ex left the room AND the judge left the room as well.. all were seen in the hallway together. The judge made a very inappropriate comment to my daughter while testimony was heard and the case was "dismissed". We feel that major injustice has taken place, s my daughter was not even allowed a rebuttal when the ex lied about certain aspects of the case, plus the relationship of the parties.Can this be appealed and moved to another court considereding his living address has also changed and is no longer in this system?

AK lawyer
Jul 28, 2010, 10:36 AM
... Can this be appealed and moved to another court ...

Yes, although I don't understand what you threw the last part ("considereding his living address has also changed and is no longer in this system?") in for.

It appears that there may have been an inappropriate "ex parte contact" going on between the judge and the council-woman. I would look at bringing possible charges against the judge (judicial disciplinary commission, or whatever).