In the state of New York, you may achieve a stay (put on hold the implementation or enforcement) of a family court order issued by a lower court, by an order to show cause. This means that if an order to show cause is ordered by a higher court, then that lower court has to show that same higher court how the order which was requested to be stayed, is appropriate. The other non-appellant parties from the proceeding also have the right to respond to that same order to show cause as well, if they feel compelled to do so.
I had filed motions for stay by order to show cause, and I used my briefs and stipulated record on appeal to support those same motions. I felt that preparing my appeal in full, and using that same prepared appeal to support my request for stay, would be the strongest case that I could make for stay.
Affirmation in support of stay Custody
Affirmation in support of stay Support
Without stay, the soonest I could start seeing my son again would have been after an appeal had been decided in my favor, and that could take months; I wanted to get back into my son’s life immediately.
My briefs and stipulated records on appeal, can be effectively described as that which I’ve posted on this website. Basically, my briefs and stipulated record on appeal made the case that the orders requested to be stayed were inappropriate.
Because judge Brian F. DeJoseph declined to sign my proposed orders to show cause, this meant that it was his opinion, that the possibility of these orders handed down by Onondaga County failing to reflect the situation which they applied to, was outside of the realm of possibility. I’d personally be very interested to hear how he had come to this conclusion.
Judge Brian F. DeJoseph sustained my custody/visitation and child support orders on the face of the proceedings which set them fourth; and outside of the fact that those same orders were set fourth by other courts, I can’t think of any other reason for why he would have sustained them.
“The man who represents himself, has a fool for a client.” -Anonymous
Yeah I’m sure that statement is unbiased. After all we have no reason to believe that there are individuals that want parties whom are representing themselves, to have an attorney represent them; all while it is not in the best interests of those parties to be represented by an attorney.
Truthfully though, those words do imply that I should have been represented by an attorney; although obviously this would have made it a lot harder for me to show what’s happening here… Thanks for your comment.
That last part -WOW. lol
“obviously this would have made it a lot harder for me to show what’s happening here”
True. You would never find an attorney that would say: ‘Your Honor, before we begin let it be known that my client is not actually a selfish asshole. He is simply mentally ill’.
$10 a day in June? Were you collecting bottles and cans?
10 bucks a day just in cans??? You hiring dude? They might garnish that.. They gonna send the can man after you…
The definition of insanity is banging your head against the wall repeatedly expecting a different result and is what you are doing. all of your efforts have yielded is a loss of visitation for you …yet you continue to file frivolous briefs and they just keep getting declined…. all you’re doing is taking up five minutes of a court clerk’s time to insert your name on a premade letter and wasting a stamp on an envelope it’s all you’re doing and you’re proving your mental illness and pushing back the date when visitation might be restored.
…Look at the date of that denial letter.
Can u please the delete some of my bad comments because they come up in google search results and im trying to get a job…ill continue trying to give you polite legal suggestions
No. People need to see what you’ve put here.
no, I see a guy who by all accounts is showing that he desperately misses his son, and will do anything in his power, whether being in the media over his parents wanting him out on his own, going through the legal mumbo jumbo, people mocking him and knocking him, that he will do anything and everything for his child. Their are men and lots of them who by all accounts would never do 1/4th of what this man has went through, most men would have just walked away,( I think that’s what his ex was hoping for) Has done to show when it all matters when his son gets older and he starts asking about his father, he will show what he did to try to keep the relationship with him, I think a man who does that, a man who would move heaven and earth for his son, doesn’t have mental issues, problems, etc. I think that is a man who is caring and loving and wants his son to know that with all the obstacles he went through he was and is willing to keep that bond, that love he has with him. That’s why I hope, one day He does get to see him. and yes, I do see the courts injustices that are being done to Mr. Rotondo. The system was never meant for men to gain custody or visitation, but only for men to pay for the problems that occurred due to whatever happened in said relationships. Which by all accounts the court system is screwed up, and they need changing.
Patricia you’re just as delusional as he is. It is clear he is doing everything wrong and hes so ignorant to accept that.
I 100% guarantee if he got a lawyer and didn’t try to act as his own this would not have acted out the way it did. People like him and people like you, one who feeds into his ego even though his ramblings have shown exactly the nutcase he is are what’s wrong with this world.
He does not belong near any child. He should not be able to spread his unbelievably asinine ideals to anyone. The world does not need another one of him. Regrettably some stupid girl decided to sleep with him. Luckily he’s making sure that will never happen again, so for now all of us can only hope he stays away from the child so his toxicity can’t spread.
To put it bluntly Patricia; you’re an idiot. Almost on par with the author of this ridiculous site
“He should not be able to spread his unbelievably asinine ideals to anyone.”
Response: Go buy a ticket to North Korea they want to see you in one of their approved haircuts living amongst them as one of their own.
“you’re an idiot”
Response: This website isn’t meant to cater to people who lash out at others who have opinions which conflict with their own. If you can’t change your mind about something, then you should keep your brain’s spectacular attempts to biologically compel you to reconsider your conceptualization of a subject to yourself; Although if your beliefs are so significantly disturbed by another having an alternative opinion to your own then I’m not sure that’s something you’re really set up for.
What a loser, who would have to say to you that my contentions have merit, for you to believe it? Is it just the courts? Do you truly live a life that is based on what people tell you to think and believe???
I’ll reply to what you wrote in the last thread here, because I think what you’ve written in this post really makes the point better than I could.
Look at what you’ve written here, that this is the “strongest case you could make”.
Now look at what you actually wrote:
– A court order is “outrageous” and does “tremendous harm”. Why?
– The imputed income was “inappropriate” because you are working to an “acceptable capacity”. Says who?
– Your next thread is the same way. You admit your briefs were rejected by the lower court. They are not in evidence and are not part of the case that you are appealing. You are trying to misuse the appellate court to shoehorn new evidence and new arguments into the record. Yet you offer no legal explanation for why the court was in error to exclude them, you merely announce that they show your side of the story. So?
Look at what real filings are like, citing specific statutes, precedents, and pointing the court toward the important parts of the record: https://www.jdsupra.com/legalnews/attorneys-affirmation-in-support-of-mot-63929/
You just make bald declarations that the lower court is wrong and then hope some judge will make the time to go spelunking through pounds of paperwork and be your lawyer. It doesn’t work like that. You filed an appeal that offers the court absolutely nothing substantive to work with. There’s no meat, just hot air.
“Like losing? Because that’s what I did. How is it that I was appointed a lawyer so that I could lose…?”
In the last thread, you had declared that the standby counsel losing your case is proof that the standby counsel did you wrong and should not have been appointed. Why is it literally impossible for you to realize that you lost because your case was a losing case in which the facts are not on your side and you were wasting everyone’s time?
“Well that might make sense, if I hadn’t lost!”
Again, if the things you’ve shared with the public here are any indication, you were going to lose either way. You have a circular, irrational reasoning process where you make up a set of imaginary rules in which you are supposed to win and then, when nobody else plays by them, declare it unfair, illegal, outrageous, inappropriate, etc.
“Anyone who is reads my content and does not know a definition of a word, they should look it up so that they may then understand what I am trying to say…”
I understand what you’re trying to say perfectly. It’s just that you use words in strange and unnatural ways, and your attempts at legal jargon are… more confused than the average pro se litigant, let’s put it that way. This is likely a big part of the reason the court assigned you standby counsel in the first place.
“What is it that exists in your imagining that you’re basing this on? Do you have any idea, besides what exists no place else but, in your imagination; what those conversations with those mental health professionals were like?”
…yeah.
“I miss my son.”
I know, and as I said, I can empathize with how hard all of this must feel, especially with the way your thought processes are right now. Your psychological state is just not good.
“I’ve made it crystal clear on this website that the problem with my matters isn’t and wasn’t me.”
Unfortunately, this is typical of several psychological problems. Healthy people are able to examine themselves and understand how their own conduct contributes to their situation. When asked to do so, you blame others and refuse to participate in getting yourself help. I continue to suspect that you are significantly autistic and, in all likelihood, have developed narcissistic coping strategies to avoid confronting problems with yourself that you don’t fully understand.
“I want my son back, they can’t help me with that.”
Taking steps to improve your mental health situation would absolutely help you in your future family court adventures.
In another reply on the last thread, you declared yourself “resilient” for doing all this. This isn’t resilience. This is a complete breakdown that has produced nothing for you but public humiliation. Come on, man. Being an “experience pro se litigant” is not a point of pride, it just means you have a lot of spare time because you’re jobless and can’t figure out how to play well enough with others to keep yourself out of legal trouble.
Thank you for you comment. Check out my most recent post!