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Time for Filling Notice of Appeal of Housing Ct Decision

NYC Housing Court Practice/Procedures

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Time for Filling Notice of Appeal of Housing Ct Decision

Postby raym1 » Thu Mar 30, 2017 6:45 pm

Confused about something with housing court appeals, hoping someone can clue me in. Some are telling me you must file a notice of appeal within 30 days of a housing court decision. Others are telling me you must file it within 30 days of a notice of entry. Which is it?

If its 30 days from the notice of entry, is there any time limit on the notice of entry following a housing ct decision? If no Notice of Entry is filed for 6 months let's say, can you still do that and follow it up with the notice of appeal within 30 days?

Thanks for any info you can offer!
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Re: Time for Filling Notice of Appeal of Housing Ct Decision

Postby TenantNet » Thu Mar 30, 2017 10:39 pm

First please tell us - assuming you're the tenant and respondent in the case - did you win or did the landlord win?

Was it a written decision/order from the court? Or was it just an oral dismissal or discontinuance?

What Borough are you in?
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Re: Time for Filling Notice of Appeal of Housing Ct Decision

Postby raym1 » Fri Mar 31, 2017 1:36 am

Thanks for your response.

I am the tenant. The issue involves a combined motion and OSC that was filed where I was in part attempting to have a Stipulation of Settlement vacated. Judge ruled in favor of landlord. The Judge's decision was written, borough of Manhattan.

Neither side had ever filed a notice of entry at any point during the proceeding. Several months passed, but just learning now of the repercussions of aspects of that settlement stip and the subsequent ruling in favor of the landlord related to that OSC/motion, by the judge. The facts indicate there was really no way to have known earlier regarding how the matter would play out, and so realistically the complete issues related to an appeal could not have been known until now.

I've done considerable research and am convinced grounds for an appeal are solid. Just not sure how the timing would work, and whether its too late to proceed.

Thanks for any input you can give, let me know if you need further info.
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Re: Time for Filling Notice of Appeal of Housing Ct Decision

Postby TenantNet » Fri Mar 31, 2017 10:25 am

Quickly...

Google: "NYC housing court notice entry time to appeal"
and
"cplr notice entry time to appeal"
and
"NYC housing court "self-entering""

and see http://nycourts.gov/courts/nyc/housing/appeals2.shtml

I seem to remember that housing court decisions are "self-entering" but service of the decision on the opposing party is still required along with a Notice of Entry. That is what gets the clock rolling.

I've asked someone to clarify this and if I hear back, I'll update this post.

If you're not experienced in these matters, it would be wise to get legal advice before submitting an appeal.
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Re: Time for Filling Notice of Appeal of Housing Ct Decision

Postby TenantNet » Fri Mar 31, 2017 10:29 am

Just found this:
https://www.avvo.com/legal-answers/can- ... 39289.html

NYC Housing Court judgments are self entering. The form for the Notice of Appeal, posted by the Court for self-represented litigants does not make any reference to a notice of entry. See:

http://www.nycourts.gov/courts/nyc/civil/forms/noticeofappeal.pdf

The point in serving notice of entry is to start the clock on the adversary filing an appeal. But the prevailing party does not need to appeal. So the tenant does not need to wait for notice of entry from the landlord to file the Notice of Appeal. After all, if the landlord does not serve the Notice of Entry but proceeds to execute the warrant of eviction, what purpose did the tenant serve by not appealing as quickly as possible and gaining a stay pending appeal.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
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Re: Time for Filling Notice of Appeal of Housing Ct Decision

Postby raym1 » Fri Mar 31, 2017 3:32 pm

Thanks again for responding. I wish I could say otherwise, and based on your posts not sure if its any different for you, but I'm still having difficulty understanding what's correct on this. If housing court decisions are 'self-entering' does that entirely obviate the need for a Notice of Entry? Will serving a Notice of Entry still start the 30 day clock for a Notice of Appeal? Steven Smollens' answer over on Avvo seems to point to somewhat different circumstances, since here the threat of immediate eviction is no longer present since I couldn't hold off getting money for the landlord for this period of time.

Based on the links you posted do you think you're seeing the answers to these questions? I'm still scratching my head! I'd try over at Avvo but something seems to have changed in their format where housing court questions don't seem to land in the hands of housing court lawyers. I tried a few recently, and Steven Smollens (who generally has been a gem on this sort of thing) was no where to be found. Their new format appears to make it difficult to have something specified as a NYC Housing Ct issue.

Thanks again, appreciate you giving this a try. I'd hate to find out the answer to all of this AFTER having done all the work on an appeal -- lol
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Re: Time for Filling Notice of Appeal of Housing Ct Decision

Postby TenantNet » Fri Mar 31, 2017 3:34 pm

Look, you're going to the Appellate Term - that in itself is a minefield. Best to consult with a tenant attorney that has real experience in this.
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Re: Time for Filling Notice of Appeal of Housing Ct Decision

Postby raym1 » Fri Mar 31, 2017 4:09 pm

Okay, thanks for giving it a shot, appreciate it. If the person you were hoping to get back to you has any further info, please let me know. Otherwise, again, thank you.
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Re: Time for Filling Notice of Appeal of Housing Ct Decision

Postby raym1 » Fri Mar 31, 2017 6:42 pm

I think I may have located the answer!

This link is specifically related to Housing Court, and seems to indicate its actually either/or.... http://nycourts.gov/courts/nyc/housing/appeals2.shtml

In part:

"A notice of appeal must be filed within 30 days from the service of the judgment or order appealed from, with written notice of its entry. If a copy of the judgment or order is not served, there are no time limitations on the filing of the appeal. Go to Serving "Notice of Entry" to learn more."

So my understanding of this section is that since there was never any filing of a Notice of Entry there was no time limitation. However, I imagine once I served it myself I created a 30 day window, which is fine. That I can make easily. This may be my answer. Fingers crossed.
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Re: Time for Filling Notice of Appeal of Housing Ct Decision

Postby TenantNet » Fri Mar 31, 2017 7:39 pm

There is some confusion about how a decision is "entered," and a Notice of Entry (2 different things). But if the LL sent you nothing, then in our opinion, the clock against you appealing has not started. That's why if you win, you should always send the decision/Notice of Entry to the LL ASAP by cert or overnight mail to start his clock ticking. If done by mail, another 5 days are allowed.
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