Need Help about Appeal

[raknoell]

What is the name of your state? NY
I won custody of my son last October 2004 His mother is appealing it and was granted to appeal as a poor person she then claimed she was poor and only making 150.00 dollars a week now she has just admitted to getting another job and is making more than 450 a week (In a new deposition for a relocation trial cause my job transfered me an hour away) is there any way I can get here kicked off the free ride cause the only reason she is going through with the appeal is cause it is free where as I am going to have to pay thousands of more dollar responding to rediculous claims of how she was wronged when every decision went her way. does any one know where the appeals court finds these appeal lawyers that are paid for by the state?
thanks in advance!

 

[BL]

What is the name of your state? NY
I won custody of my son last October 2004 His mother is appealing it and was granted to appeal as a poor person she then claimed she was poor and only making 150.00 dollars a week now she has just admitted to getting another job and is making more than 450 a week (In a new deposition for a relocation trial cause my job transfered me an hour away) is there any way I can get here kicked off the free ride cause the only reason she is going through with the appeal is cause it is free where as I am going to have to pay thousands of more dollar responding to rediculous claims of how she was wronged when every decision went her way. does any one know where the appeals court finds these appeal lawyers that are paid for by the state?
thanks in advance!

The Appeals would not include any New Petitions , the Appeals is based on the trial , and IF there were any errors of Law in the trial Courts decision.

To Appeal the Trial Court's Decision , She would Have to go to the Appellate Division and Apply for the Appeals " as a Poor Person " , also .

Generally the Appeals are handled by the trial Court Lawyer .

 

[raknoell]

Thanks for responding I know that the appeals are about the errors in the trial but it was a straight foward trial, but my question is she already got approved as a poor person to have a free lawyer. That was when she was supposedly poor (she is a waitress does not claim any tips) but she finally admitted in the new deposition that she is making more than 450 a week that puts her above the poor person standard should she not at least have to pay for any lawyer fees from this point on?

 

[BL]

In a new deposition for a relocation trial

I don't understand this part .
Is there a New trial scheduled .

I don't see how she could qualify for appeals as a Poor Person if she makes 450 per week .

 

[raknoell]

our trial ended last October she applied for appeal as a poor person back in october of 2004 she was granted poor person statice and the appeal is still going through her lawyer just got another extension till October 25 but we are now going through a new trial cause my employer transfered me an hour away from where I used to live and almost doubled my pay she on the other hand is fighting the move cause she does not want to lose her one overnight in the middle of the month during the week she does not have the weekend so that is why we are doing the depositions cause of this new trial that is unrelated to the appeal and that is where it came out that she is now admitingly making more than 450 a week. I think that it is messed up that the tax payers have to flip the bill for her and I have to pay full price. I did not even know it was a right to appeal I thought it was your right to a trial not to all the extras.

 

[BL]

Well, I imagine If she was granted the Appeals as Poor Person she'll continue to be entitled to it .

I don't understand why it's taking almost a year to be heard though .

She shouldn't be eligible though for the New Trial.

 

[raknoell]

ya it is taking for ever her lawyer couldn't find some pointless exibits. Thanks for responding

 

[youdontknowme]

ya it is taking for ever her lawyer couldn't find some pointless exibits. Thanks for responding

What LEGAL basis is she appealing? Was there an error in a legal fact or conclusion of law? She had to have submitted a reason for the appeal and it can't be "just because she didn't like the decision."

Have you maybe tried calling where she's getting the "free ride" to tell them that she is now working?