My question involves court procedures for the state of: NY
I have some experience as a pro se litigant more by default than by intention and I don't wish to be a lawyer. I am plaintiff pro se in a pending case. The referee issued a Trial Readiness Order requiring me to submit shortly a Certificate of Readiness and Note of Issue. I do not wish to begin trial because I have a pending Motion to Renew my prior Motion to Compel Discovery. My original Motion to Compel discovery was denied but the judge did grant me leave to renew and there was a subsequant decision that provided the basis of new information. The motion to renew is pending.
I believe the Trial Readiness Order is not only not warranted because of the pending motion to renew, but is also contrary to NY case law. I found several cases where the appeals court did not permit trial to go forward when discovery had not been completed. I have less than 30 days to appeal the Trial Readiness Order, but I filed a motion to vacate the Trial Readiness Order. This motion is in still in a procedural stage. Can this motion stay the deadline for me to file a Notice of Appeal? If the motion succeeds, I don't think I will need to appeal and it seems logical that if there is a pending motion that may affect an Order, that the deadline to appeal should be tolled but I cannot find any support for this view. Can anyone point to a NY rule or case where a motion to vacate tolls the 30 day appeal deadline? Thanks