Saturday, January 18, 2014

Can I file fresh evidence on appeal?

Q:  Hello, I am representing myself in a family appeal. I defeated my ex-husband's application for an order of protection in family court, and he is appealing. Since that time though, he has had me arrested by filing false complaints in three different jurisdictions (at different times). The D.A. of each of these five jurisdictions dropped the complaints against me, because they concluded he is a big liar. HOw do I get this in front of the Appellate Division? I want them to know, as they decide his appeal, that he kept getting me arrested, and that three d.a.'s all decide he is big liar. This would help me. Please tell me what section to look at for this motion and how to file. Thanks!!!

A:  David's Answer: If you do not have the money to retain an attorney, strongly consider filing a motion for the court to assign you an appellate attorney. If you do not know a basic question such as this (& I do mean no offense at all), you should not be handling this appeal by yourself. That said, the answer is no.  -- David Bliven, Westchester Family Law attorney (

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