Sunday, September 19, 2010

A Fine Example of the American Just-Us System

Well after hubby got crusified in supreme court having had to represent himself cause his private lawyer went and got himself permanently disbarred (for reasons unrelated to this case) and after many requests for assignment of counsel were denied,.....his case was thrown out basically for two reasons;
(1) failure to acertain an exact amount of damages
(hubby was suing for an unspecifed amount based on the fact that an accounting was denied to him by the partners. It was hoped that the trial court would have ordered an accounting but the court determined that hubby was not entitled to an accounting because he was not a "partner" in the venture, but instead was a tenant-in-common.
(2) Not a partner: what the court failed to realize that in New York Partnerhsip law it is stated that if tenants in common engage in the venture soley for commerical purposes, then the tenancy in common is to be treated as a partnerhsip.....

So now we are on appeal to the appellate div 3rd dept and since we are broke and in fact still in a chapter 13 BK, hubby moved for permission to appeal as a poor person for the purposes of getting fees wavied that are necessary for prosecution of his appeal. And this is the strangest decision I have ever heard of coming out of any court: Hubbies motion to appeal as a poor person was denied, BUT, the judge went on to say that the ($250.00) filing fee would be we were thinking, well, at least we got the filing fee waived, and asking, what expenses are we going to have to pay in order to perfect the appeal. One call to the court clerk cleared up that mystery. Now we have to come up with $1,800 to pay the cost of having the trial record transcribed.

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