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Eviction Appeal Motion Guide
Summary
To request more time on an eviction order in New York, file a motion for a stay of eviction with the town court. This motion temporarily halts the eviction process while your appeal is considered. Include a title, introduction, request, reason, and signature in your motion. If the court of appeals fails to process your request, file a motion to compel processing and an emergency stay. In property disputes, equitable rights may be claimed through a constructive trust or compensation for improvements. File claims in the propertys county. A judge must approve a stay motion, and an affidavit is typically required. Use resources like the New York State Unified Court Systems website for templates and guidance.Full Conversation
yes
To draft a motion for a stay of eviction, you can follow these steps:
- Title: Start with the title "Motion for Stay of Eviction".
- Introduction: State your name and case information.
- Request: Clearly request a stay of eviction.
- Reason: Explain that you are waiting for the outcome of a filed appeal.
- Signature: Sign and date the motion.
Would you like me to provide a sample format?
- Title: Start with the title "Motion for Stay of Eviction".
- Introduction: State your name and case information.
- Request: Clearly request a stay of eviction.
- Reason: Explain that you are waiting for the outcome of a filed appeal.
- Signature: Sign and date the motion.
Would you like me to provide a sample format?
show an example templet
Sure, here's a sample format for the motion:
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Motion for Stay of Eviction
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Town Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Your Case Number]
Honorable [Judge's Name],
I, [Your Name], am the defendant in the above-referenced case. I respectfully request a stay of eviction pending the outcome of my filed appeal.
Reasons for Request:
- I have filed an appeal, and the decision is still pending.
- I request more time to remain in the property until the appeal is resolved.
Thank you for your attention to this matter.
Sincerely,
[Your Signature]
[Your Printed Name]
---
Would you like any further assistance with this?
---
Motion for Stay of Eviction
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Town Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Your Case Number]
Honorable [Judge's Name],
I, [Your Name], am the defendant in the above-referenced case. I respectfully request a stay of eviction pending the outcome of my filed appeal.
Reasons for Request:
- I have filed an appeal, and the decision is still pending.
- I request more time to remain in the property until the appeal is resolved.
Thank you for your attention to this matter.
Sincerely,
[Your Signature]
[Your Printed Name]
---
Would you like any further assistance with this?
what can i do if the court of appeals failed to file out request for judicial intervention papers for a appeal to a eviction and waisted our time with the 14 day eviction ny
You can file a motion to the court of appeals to address the failure to process your request for judicial intervention. You can also file an emergency stay to halt the eviction until the issue is resolved.
Would you like guidance on drafting these motions?
Would you like guidance on drafting these motions?
yes
To draft a motion addressing the court's failure to process your request for judicial intervention, follow these steps:
- Title: "Motion to Compel Processing of Judicial Intervention"
- Introduction: State your name and case details.
- Request: Clearly request the court to process the intervention.
- Reason: Explain the delay and its impact.
- Signature: Sign and date the motion.
For an emergency stay, use a similar format but request a halt to the eviction process.
Would you like a sample template for these motions?
- Title: "Motion to Compel Processing of Judicial Intervention"
- Introduction: State your name and case details.
- Request: Clearly request the court to process the intervention.
- Reason: Explain the delay and its impact.
- Signature: Sign and date the motion.
For an emergency stay, use a similar format but request a halt to the eviction process.
Would you like a sample template for these motions?
if a mother is letting her son, his wife and children, stay in a home she bought, and said they could own once *,* was paid in full. They have lived there for 8 years and paid *.* a month. The mother got a divorce and the property is being court ordered to sell. the son has paid her thousands and remodeled the home too. what rights in New York State does the son and his family have in this situation
It sounds like the son and his family might have certain equitable rights due to their financial contributions and improvements made to the property.
In New York, they could potentially argue:
- Constructive Trust: If they can prove an agreement existed that they would own the home after paying $*,*, they may be able to claim a constructive trust.
- Improvements: They could seek compensation for the value added to the home through their remodeling efforts.
Do you need guidance on filing a claim for these rights?
In New York, they could potentially argue:
- Constructive Trust: If they can prove an agreement existed that they would own the home after paying $*,*, they may be able to claim a constructive trust.
- Improvements: They could seek compensation for the value added to the home through their remodeling efforts.
Do you need guidance on filing a claim for these rights?
yes
To file a claim for these rights, the son and his family can consider the following steps:
- Title: "Claim for Constructive Trust and Compensation for Improvements"
- Introduction: State names and relationship to the mother.
- Request: Clearly state the claim for a constructive trust and compensation.
- Reason: Detail the verbal agreement and financial contributions (payments and remodeling).
- Signature: Sign and date the claim.
Would you like a sample template for this claim?
- Title: "Claim for Constructive Trust and Compensation for Improvements"
- Introduction: State names and relationship to the mother.
- Request: Clearly state the claim for a constructive trust and compensation.
- Reason: Detail the verbal agreement and financial contributions (payments and remodeling).
- Signature: Sign and date the claim.
Would you like a sample template for this claim?
yes and how to file the claim
Sure, here's a sample template for the claim:
---
Claim for Constructive Trust and Compensation for Improvements
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Case Number]
Honorable [Judge's Name],
I, [Your Name], along with my family, respectfully submit this claim for a constructive trust and compensation for improvements made to the property located at [Property Address].
Reasons for Request:
- We lived in the property for 8 years, paying $*.* per month.
- We were promised ownership of the property upon paying $*,*.
- We have made significant improvements to the property, adding substantial value.
Thank you for your attention to this matter.
Sincerely,
[Your Signature]
[Your Printed Name]
---
Phone: (*) *-*
Website: www.nycourts.gov
Would you like any additional guidance on what to expect during the filing process?
---
Claim for Constructive Trust and Compensation for Improvements
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Case Number]
Honorable [Judge's Name],
I, [Your Name], along with my family, respectfully submit this claim for a constructive trust and compensation for improvements made to the property located at [Property Address].
Reasons for Request:
- We lived in the property for 8 years, paying $*.* per month.
- We were promised ownership of the property upon paying $*,*.
- We have made significant improvements to the property, adding substantial value.
Thank you for your attention to this matter.
Sincerely,
[Your Signature]
[Your Printed Name]
---
Steps to File the Claim:
*. Draft the Claim: Use the template above to draft your claim.
*. File the Claim: Submit your claim to the appropriate court. This might involve filing it with the clerkâs office and paying any required fees.
*. Serve the Claim: Ensure the other involved parties (e.g., the mother) are formally served with a copy of the claim.
*. Attend Hearings: Be prepared to present your case at any scheduled court hearings.
Would you like more details on any of these steps?
*. Draft the Claim: Use the template above to draft your claim.
*. File the Claim: Submit your claim to the appropriate court. This might involve filing it with the clerkâs office and paying any required fees.
*. Serve the Claim: Ensure the other involved parties (e.g., the mother) are formally served with a copy of the claim.
*. Attend Hearings: Be prepared to present your case at any scheduled court hearings.
Would you like more details on any of these steps?
do i file this claim at the court house where the mother had her divorce?
You should file the claim in the county where the property is located, not necessarily where the mother had her divorce. This ensures jurisdiction over the property and related issues.
Do you need help finding the local court's contact information?
Do you need help finding the local court's contact information?
yes
New York State Unified Court System, County Clerk's Office
Phone: (*) *-*
Website: www.nycourts.gov
Would you like any additional guidance on what to expect during the filing process?
what are the step by steps to filing a motion to stay the eviction until appeal is settled
To file a motion to stay the eviction until the appeal is settled, follow these steps:
*. Title: "Motion for Stay of Eviction"
*. Introduction: State your name, address, and case information.
*. Request: Clearly request a stay of eviction.
*. Reason: Explain that you are waiting for the outcome of a filed appeal.
*. Signature: Sign and date the motion.
*. File the Motion: Submit the motion to the court handling your case.
*. Serve the Parties: Serve a copy of the motion to the landlord or their attorney.
*. Attend the Hearing: Be prepared to present your case at the scheduled hearing.
Would you like more details on any of these steps?
*. Title: "Motion for Stay of Eviction"
*. Introduction: State your name, address, and case information.
*. Request: Clearly request a stay of eviction.
*. Reason: Explain that you are waiting for the outcome of a filed appeal.
*. Signature: Sign and date the motion.
*. File the Motion: Submit the motion to the court handling your case.
*. Serve the Parties: Serve a copy of the motion to the landlord or their attorney.
*. Attend the Hearing: Be prepared to present your case at the scheduled hearing.
Would you like more details on any of these steps?
does the judge have to approve the motion to stay the eviction?
Yes, the judge must approve the motion to stay the eviction. The judge will review your motion and the reasons provided and then decide whether to grant the stay.
Would you like guidance on how to effectively present your case during the hearing?
Would you like guidance on how to effectively present your case during the hearing?
do i have to make a affidavit too?
Yes, you generally need to submit an affidavit along with your motion for a stay of eviction. The affidavit supports your motion by providing factual details under oath.
Would you like a sample template for the affidavit?
Would you like a sample template for the affidavit?
show me a website that will help me write out a motion to stay the eviction ny
You can find sample templates and guidance on writing a motion to stay eviction on the New York State Unified Court System's website. They provide various court forms and instructions for self-represented litigants.
Here's the link: [NY Courts Self-Help](https://www.nycourts.gov/courthelp/)
Would you need any specific advice on filling out the motion?
Here's the link: [NY Courts Self-Help](https://www.nycourts.gov/courthelp/)
Would you need any specific advice on filling out the motion?
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