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.
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.
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…
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][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…