New York Divorce Reform The Shame of New York

15Sep/1029

The discrimination against pro se continues in the NY Appeals Court 2nd Department

Did you know that the Appeals Management program of the NY Appeals Court 2nd department will not meet with pro se litigants? This is the policy of the court, a blatant discrimination of due process against pro se litigants.

One of the interesting things about having your life wrecked by the New York Supreme Court as pro se is that there is very little you can do about it if you can't afford the battle. You can appeal if you have an extra $100,000, at least, plus a few years. You can file a motion to reargue and go before the same judge who took your kids from you or assigned you to divide assets that don't exist or to pay child support on income you haven't seen in three or four years, but that is like going back from a re-screen of your colonoscopy because you didn't like the resolution on the image. It will feel about the same, insurance probably won't cover it and the image will probably look the same.

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Regardless of my observations, I decided to attempt an appeal. I had an attorney helping me after my first decision was doubled against me with no motion or hearing, but I have borrowed all I can at this point for a lawyer. So my lawyer sent in the appeal notice and a conference was setup by the Appeals Management division of the 2nd Department in Brooklyn, NY. Knowing that I can't afford an attorney any longer I asked my attorney to resign from the case so that I could proceed pro se. Would you believe that they canceled the conference to discuss our issues because the stated policy of the Appeals Court is to NOT HAVE CONFERENCES with pro se litigants!

I rant on and on in this blog that the New York State Matrimony Court system is entirely about paid access, back room collusion and complete ignorance of the constitution but these kinds of things you can't even make up. The administrator of the Appeals Management Program told me that I had to find a pro bono attorney from the Westchester County Bar but the WCBA refers such requests to Legal Aide, which in turn, provides scant assistance to people in Supreme Court Matrimony cases. Of course, they will help you in Family Court, but family court is not Supreme Court. Supreme court is all about paid access.

It was never the intent of the US Constitution for states to create civil courts that ignore all the tenants of the US Constitution. In fact, the 14th amendment specifically addresses this concern. t was never a goal of the constitution to allow states to force the unrepresented to corrupt courts where they are 100% doomed to fail, especially when failing means losing your kids, all your property or incarceration. Yet this is what goes on in New York every day.

The discrimination against pro se litigants in NY Supreme Court has to end and our civil rights must be protected.