New York | Appeals and Writs
Legal Question
Deemed abandon or appeal
In January 2002 my friend was divorced when the judge signed and entered the judgment. At the end of the trial for grounds the prevailling party was directed to settle judgment on notice. His attorney went AOL and on Jan. 28, 2002 he filed a notice of appeal. His opponent had knowledge that his attorney was no longer at the last known address to the extent that they sent him mail to appear in court. He is waiting for a decision from a current action on a motion to vacate the judgment. Meanwhile, he checked the County Clerks's Office and did not find a copy of the notice of entry, notice of issue or certificate of readiness filed with the Clerk. He tracked down his ex attorney and e-mailed them and asked if they ever recieved a copy of the proposed judgment, proposed findings of fact and notice of entry of the judgment and their response was no. Can he now motion to deem the judgment abandoned or can he serve and file a notice of entry himself and then appeal the judgment? But that is not what bothers him. He is confused as to what settle judgment on notice legally mean and do it require that the other party file with the clerk a notice of entry of the jujdgment.
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