XXX
XXXX
Re: EXPEDITED HEARING OF ARGUMENTS
XXXX
Respectfully,
I am the Appellant in the referenced consolidated Appeal. This letter serves as my request for you to expedite the hearing of the arguments in said appeal. This request is grounded on the fact that I stand a risk of being prejudiced in my related case at the State Court, if this appeal is not expedited.
I have a pending case at the Supreme Court of XXXX, was hired by the Trustee in my Bankruptcy case at the XXXX, which case is not under appeal before your court. This appeal challenges, inter alia, the Bankruptcy Court’s decision to deny my Motion to Withdraw the Bankruptcy case.
Ever since the Trustee retained my former attorney, the Trustee seeks to take over the said state court case. This happens despite the fact that the Bankruptcy case is before your court for a decision that would potentially dismiss the Bankruptcy case. It follows; the Trustee can only claim to represent me if there is an ongoing Bankruptcy case. I understand that my appeal automatically stayed the proceedings in the Bankruptcy Court. Besides, in the event the appeal gets decided in my favor, the Trustee will have no standing to represent me in this case.
Your Honor, you should also note that my XXXX Court property and my Howard beach property have also been auctioned following an illegal foreclosure. As you are aware, the new Foreclosure Abuse Prevention Act applies retroactively. The Act inter alia, makes an amendment to CPLR § 203, which governs the computation of limitations periods generally. Notably, the amendment adds a new section (h), which states that once a cause of action to foreclose a mortgage accrues, no party may unilaterally stop the running of the statute of limitations. The Plaintiff in the foreclosure actions filed the case for one of the properties about seven years after the first actual breach. The Plaintiffs in the foreclosure cases also failed to prove ownership of the note, and relied on fraud and misrepresentation. It follows; an expedited decision from your court will therefore go a long way in ensuring I get legal redress for the injustices done on my property.
In light of the foregoing, I sought to file a Motion to Stay the Proceedings in the State Court. However, the clerk of the said State Court refused to accept my motion because my former attorney has not yet removed himself from this case.
I also engaged with the clerk of your Court, who notified me that you have not yet set a date to schedule the hearing of the argument(s) in this appeal, and are still looking into the Briefs filed by both the Appellee(s) and myself.
I am therefore requesting you to consider my request herein and expedite the hearing and determination of this appeal. In the event this matter is not expedited, I am prone to suffer disastrously since the Trustee would unjustly take over my State Court case yet there is a pending appeal whose decision may remove their standing to represent me in said case.
Sincerely,
_________________
XXXX
Cc:
XXXX.
XXXXX
XXXXX
XXXXX
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