Question
I have an ESA. I got her while I was living with my ex. I got her after my best friend died because I went into a severe depression. My abusive ex took me to a small claims court where he knew the judge and the judge made me give him the dog. I need this dog back; I have tried multiple avenues to get her back, and I keep getting told there’s nothing I can do.
New York, USA
Answer
There is an appeal process but there are very strict time restrictions on when a notice of appeal must be filed and the appeal perfected (including such things as filing papers supporting appeal). Court clerks or an attorney in your area can let you know if the deadline to appeal has expired and steps necessary to perfect an appeal. The appeal process is much more complicated and costly than in Small Claims Court, although a poor person’s application may be filed to try to waive fees. Attorney representation should be considered.
If you believe the judge should have recused himself/herself based on his/her relationship with your ex, provide that information to your attorney. A complaint may also be made to the New York State Commission on Judicial Conduct.
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