SUPREME COURT, CIVIL BRANCH
SUFFOLK COUNTY
1 COURT ST., RIVERHEAD, NY 11901
TIMOTHY K. §
Petitioner, §
§
v. § Case No.:
§
CHILD PROTECTIVE SERVICES §
Respondent §
NOTICE OF PETITIONER’S MOTION FOR EXTENSION OF TIME TO FILE A CPLR 1983
You are notified that on the ____ day of February, 2022, at _______ am/pm, or as soon thereafter as the Petitioner can be heard, in Courtroom ___ of the Supreme Court, Civil Branch, Suffolk County, he will bring on for hearing his Motion for Extension of Time to File a CPLR 1983 for the reasons stated in the attached Motion.
Dated this ___ day of February, 2022.
Respectfully Submitted,
__________________________________
Timothy K.
SUPREME COURT, CIVIL BRANCH
SUFFOLK COUNTY
1 COURT ST., RIVERHEAD, NY 11901
TIMOTHY K. §
Petitioner, §
§
v. § Case No.:
§
CHILD PROTECTIVE SERVICES §
Respondent §
PETITIONER’S MOTION FOR EXTENSION OF TIME TO FILE A CPLR 1983
NOW COMES Timothy K., Petitioner, and files this Motion for Extension of Time to File a CPLR 1983, and for cause would show this Honorable Court as follows:
- This Motion is filed pursuant to Civil Practice Law & Rules § 2004 which provides as follows: “Except where otherwise expressly prescribed by law, the court may extend the time fixed by any statute, rule or order for doing any act, upon such terms as may be just and upon good cause shown, whether the application for extension is made before or after the expiration of the time fixed.”
- Petitioner was required to file a CPLR 1983 by [DATE]. However, Petitioner was given wrong information by his former criminal attorney that he had to wait before his criminal case was over so that he could proceed to file a CPLR 1983.
- Petitioner respects court procedural rules and strives to uphold them. He trusted an attorney who he thought was knowledgeable in matters law but ended up giving him wrong information.
- Had Petitioner known otherwise, he would not have waited for his criminal case to be over. He would have filed a CPLR 1983 within 90 days as stipulated.
- Petitioner’s attorney giving Petitioner wrong information amounts to ineffective assistance of counsel and is good cause for granting Petitioner an extension of ____ days to file a CPLR 1983.
- Petitioner does not intend to cause any delay in asking for an extension to file the CPLR 1983. This Motion is filed in utmost good faith and will not cause any prejudice towards Respondent.
REASONS WHEREFORE, Petitioner respectfully requests this Honorable Court to grant this Motion for Extension of Time to File CPLR 1983.
Dated this ___ day of February, 2022.
Respectfully Submitted,
__________________________________
Timothy K.
VERIFICATION
I, Timothy K., being duly sworn depose and say that I am the Petitioner in the above-entitled action, that I have read the foregoing Motion for Extension of Time to File CPLR 1983 and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ___ day of February, 2022.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
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