Attorneys....help please!

[lolaburns]

Do not ask how I get myself into all of this.


I had to file a petition with the County Supreme Court in regards to my property taxes. I had to efile the petition last Friday and for whatever reason the system wouldn't let me upload my supporting documents at the same time. So I was like ok i will load the petition first , pay the fee then come back and upload the supporting documents. Well the system wouldn't let me add anything else until the case was assigned an index number,. So I get the index number yesterday but now I have to choose what kind of document I am uploading and "supporting documents" is not an option. So now I am freaking out.

Here's a photo of what my options are. I mean how the hell is a lay person supposed to know if I am filing a motion or non-motion document. I chose non-motion and " supporting document" isnt a choice. I tried to choose "motion document" and it has " supporting papers to OSC ( after service)" can I use that and hope for the best???

[lolaburns]

Or is the court going to make a motion and then I respond to that motion with my supporting documents to the petition?

[rjamz]

So I *think* that the petition you filed could be considered a motion and that you are filing documents supporting a motion. I worked in the state Supreme Court for a bit and seem to remember that, but I'm not 100% sure!

Is there someone you can call? A help line or something on the website

[lolaburns]

Do you think they would really help me if I called the Clerk's office? I read this:

In some jurisdictions, such as New York, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient—for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional remedy is being sought. By presenting an order to show cause with supporting papers, the moving party has the opportunity to obtain the judge's input at the outset of the motion, rather than waiting until all the moving, answering, and reply papers are fully submitted. The use of an order to show cause instead of a notice of motion does not affect the parties' burden of proof on the underlying motion.

Whyyyyy is everything in life so hard?! LOL

[onehitwonder]

What happens if you click on documents related to an existing motion? I copied this from NYCourts.gov - and I would definitely call. FOR HELP IN E-FILED CASES IN NY COUNTY,

CONTACT:

County Clerk E-File Department
60 Centre Street
Room 141 B
Erlon Hodge
Michael Baccelleri
646-386-3737, -3997, -3998
(as of 4/1/14)

[rjamz]

I would contact the county clerk

[earlybird]

Some clerks are helpful, some are not. It's generally worth a shot. That said, if I understand your situation correctly, the documents you want to file are not related to a motion. If you click the non-motion option, is there an option to add exhibits? Because that's what it sounds like your supporting documents are.*

*This is not legal advice.

[lolaburns]

The system tells me that there isn't a motion filed with this index number so I guess they don't consider the petition a motion? I can upload as a non-motion document as an " exhibit". I'll do that then call the Clerk's Office tomorrow and hope they are to guide me. Otherwise, I'm going to leave it in God's Hands because it's stressing me out.

Thank you!!! You guys rock!!!

[earlybird]

Oct 21, 2014 15:50:27 GMT -5 lolaburns said:

The system tells me that there isn't a motion filed with this index number so I guess they don't consider the petition a motion? I can upload as a non-motion document as an " exhibit". I'll do that then call the Clerk's Office tomorrow and hope they are to guide me. Otherwise, I'm going to leave it in God's Hands because it's stressing me out.

Thank you!!! You guys rock!!!

Sounds like you're on the right track. And please don't stress. A lot of leeway is given to pro se individuals. Just make sure that you properly serve the defendant within the required time limit.

[Deleted]

Maybe suesue or elle could help you out here. You never know!

[lolaburns]

The defendant is my Town. It's just a property tax grievance, but of course nothing can be simple. In NY the burden of proof is on me to prove that I have an unfair tax assessment. I want to just scream " hello all my neighbors have more land, newer houses and pay less what is wrong with this picture?". It's been a nightmare since May.