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So upon my request for stay being denied, the next course of action was to file my briefs, and stipulated record on appeal. These same briefs and stipulated record constituted my case on appeal.

For the appeal process, you have to file 10 copies of your briefs, and 10 copies of you stipulated record on appeal; and each party gets two copies of the same. I put each of my cases entirely in writing, which made each and all of these (briefs and stipulated record on appeal) about 100 pages in length; making about 3,000 copies total. This came to 51 pounds of paper that I had mailed to the court.

And a few weeks later, all my filings were returned back to me in the mail; After having been rejected for filing. This meant that my appeals were not reflected on the record; as if they were never sent.

Also, there were a few interesting things in the box, which had came back along with my filings. The most interesting thing was this sticky note. The letter without the sticky note is further on in the posting.

Hold

It’s a good thing the sticky note is dated, otherwise a clerk might think that the hold has expired and filed my papers…

It’s my suspicion that someone had directed that the filings were to be “held” from being entered; Whereas they otherwise would have been filed as part of a case; as any representation(s) mailed to a court naturally would have been (this is because that’s how that works).

And then there was this.

Please Reject Filing

Whom was it that was being directed to reject the filings, but not given a corresponding reason in which to reject them? It is my belief that someone put this burden to reject onto a court clerk, for them to find a way to use the law to reject the filings.

From this, the reason that was given for the rejection of the filings can only be considered to be a reason which was entirely separate, from the actual reason for why the filings were being rejected. Aren’t courts supposed to put the actual reason, in the reason for why they are doing something? If not, then why put a reason at all?

Here’s what someone came up with to use to reject the filings…

Rejected

22 NYCRR 1000.4 [a] itself doesn’t even apply to briefs; So why weren’t my briefs accepted?

Regardless, the fact that the other parties hadn’t agreed to the stipulated record on appeal doesn’t mean that my case, which I’m making for the court, can be prevented from being entered into the record. You can’t refuse someone the ability to make their case, you can only rule against them. The court should have responded with:

“When the parties or their attorneys are unable to

agree and stipulate to the contents of the complete

record on appeal, the contents of the record must be

settled by the court from which the appeal is taken. It

shall be the obligation of the appellant to make the

application to settle the record.”,

… and cited 22 NYCRR 1000.4 [a][1][ii]; and oh yeah then obviously filed my papers into my appeal because otherwise what is the function of the court…? (In other words, if courts don’t hear cases… What do they do?)

It seems apparently, that even without standby council, if the court wishes the merits of your contentions to go ignored, they can simply refuse to file your case; and there isn’t anything that you can do about it…

10 comments

  1. You were not trained in law so you did not file the briefs correctly. There are trade secrets that lawyers use to make sure paper gets through to the court and you fired all your lawyers and you don’t have the money to pay one so no one is going to do it for you and you’re going to get a big brick wall….. I’m not saying it’s right but that’s just the way it is all courts …you can’t mail them 51 lb of paper real lawyers dont do that… you have to stipulate your appeal on the record file the appeal in the appropriate Court you can’t just send a bunch of paper to a court asking for it to be put in the record

  2. And what is the reasoning for filing 10 copies of each you’re not supposed to actually give 10 of each copy to the court I’m assuming that’s for a copy of each party included and then you are supposed to yourself make sure those copies get to that person you don’t just give them a stack of 10 papers or a stack of 51 pounds of paper

    1. You are required to provide the court with 10 copies of each and also serve the other parties and provide proof of service. Like I said I did everything right look up the court rules and NY CPLR.

  3. Idk man…keep publicizing this…they cant flat out refuse to file your paperwork IF YOU SUBMITTED IT PROPERLY.

    1. And what makes you think that I didn’t submit it properly Hunter, because the court said so? They’ve said a lot of things throughout my matters…

  4. I know this is about your matters, but i called Martin county court today…they said i need to hire a lawyer to get that warrant dismissed. A lawyer that would cost more than double the fine requested for the motorcycle license charge that I was innocent of as the ticket was unsigned and on private property. The clerk didnt have an answer for that. So i guess, for as long as the United States is in existence I’m going to have this warrant in Florida. I can never go back there or risk arrest ever in my life time over 500 lousy dollars. That is also Injustice …Rotondo ….and I won’t get Justice the same way you won’t get Justice. Read the book… the philosophy of the Revolution by Gamal abdel-nasser

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