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Posted by Mark Smith on March 17, 1999 at 11:03:04:

In Reply to: Appeals from Housing Court NYC posted by Aimee on March 16, 1999 at 17:50:11:

The filing fee to appeal to the Appellate Term is only $25, payable to the housing court clerk when you file the Notice of Appeal. The Notice of Appeal MUST be filed within 30 days of service on you of the order/judgment, with notice of entry. If the order/judgment is mailed to you by regular mail, you have 35 days from the date of mailing to file the Notice of Appeal.

Transcription service companies charge by the page, plus some incidental expenses. The housing court can give you a list of transcription service companies. Call them for a quote of their per-page charges, plus incidental costs. They will have to estimate the length of the transcript from the elapsed time of the trial. If your trial was 10 hours, that would be very expensive.

After you have filed the Notice of Appeal, you can make a motion in the Appellate Term for a stay. The stay is generally granted, conditioned on your paying the amount of the judgment, plus paying ongoing rent or use and occupancy while the appeal is pending.

: I need to decide whether or not to appeal the decision. I was pro se. There are errors in law and errors in fact according to the pro se attorney. (I'm reluctant to go into details: the court was buzzing re this message board re Richard/Dangerfield). I will be contacting lawyers, all strangers to me, this week and was hoping some of you could give me a ballpark estimate about the costs and time involved to compare with what thay say.

: For now: how much to expect just to file the appeal?: court cost, transcript cost: 10 hours, attorney to prepare the papers, (alternate) attorney to coach and review the papers.

: Just as important: I want to deposit the rent/judgement into the court of appeals and stay the possesion: is this the normal thing?

: Thank you for your time.

: ps: any other suggestions welcomed!

Follow Ups:

• Re: Appeals from HC NYC: new info, new question Aimee 3/18/99 (0)

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: The filing fee to appeal to the Appellate Term is only $25, payable to the housing court clerk when you file the Notice of Appeal.  The Notice of Appeal MUST be filed within 30 days of service on you of the order/judgment, with notice of entry.  If the order/judgment is mailed to you by regular mail, you have 35 days from the date of mailing to file the Notice of Appeal.

: Transcription service companies charge by the page, plus some incidental expenses.  The housing court can give you a list of transcription service companies.  Call them for a quote of their per-page charges, plus incidental costs.  They will have to estimate the length of the transcript from the elapsed time of the trial.  If your trial was 10 hours, that would be very expensive.

: After you have filed the Notice of Appeal, you can make a motion in the Appellate Term for a stay.  The stay is generally granted, conditioned on your paying the amount of the judgment, plus paying ongoing rent or use and occupancy while the appeal is pending.

: 
: : I need to decide whether or not to appeal the decision.  I was pro se.  There are errors in law and errors in fact according to the pro se attorney.  (I'm reluctant to go into details: the court was buzzing re this message board re Richard/Dangerfield).  I will be contacting lawyers, all strangers to me, this week and was hoping some of you could give me a ballpark estimate about the costs and time involved to compare with what thay say.

: : For now: how much to expect just to file the appeal?: court cost, transcript cost: 10 hours, attorney to prepare the papers, (alternate) attorney to coach and review the papers.

: : Just as important: I want to deposit the rent/judgement into the court of appeals and stay the possesion: is this the normal thing?

: : Thank you for your time.

: : ps: any other suggestions welcomed!



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