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  1. #1
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    Jun 2019
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    Default Can One Appeal to Get Irrelevant Objectional Citation Removed from Case

    My question involves court procedures for the state of: New York

    I am perfecting an appeal of a decision to remove a citation.
    That citation is to a case totally irrelevant to the case at bar.
    I have no problem with the decision itself.
    Is there any case law as to whether one can request the Court of Appeals
    make such a review of the wording of a decision.

    (That citation is the only citation in the decision. Needless to say,
    the matter is of great symbolic meaning to me--I see no reason to burden
    this forum with the details.)

    (The case is in the New York State Surrogate's Court
    and involves my deceased parents--if that makes any difference.
    Needless to say, I do all my law suits pro se. Once I have some sort of reference, I can Shepardize etc. for more detail.)
    ~
    ~

  2. #2
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    Sep 2010
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    Default Re: Can One Appeal to Get Irrelevant Objectional Citation Removed from Case

    Eh? What you're asking makes no sense. If you can't explain the details, pick up a phone and hire an attorney who will give you the confidentiality you need.
    Generally, the information in the judgment isn't modifiable for things that don't affect a "substantial right of a party." even if there is a mistake or irregularity.

  3. #3
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    Oct 2014
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    Default Re: Can One Appeal to Get Irrelevant Objectional Citation Removed from Case

    Quote Quoting doctorleff
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    My question involves court procedures for the state of: New York

    I am perfecting an appeal of a decision to remove a citation.
    You'll need to spell out what you mean by "remove a citation". Exactly what is it that you are asking the court to do and why? I can't see a circumstance in which it would be important to have a citation removed from a court opinion. You can always argue in appeal that the case cited is irrelevant and should be ignored by the appellate court, but actually seeking to have the citation removed from the opinion seems pointless and I can't see an appellate court ordering that the lower court do that.

  4. #4
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    Oct 2016
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    Default Re: Can One Appeal to Get Irrelevant Objectional Citation Removed from Case

    Quote Quoting doctorleff
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    (That citation is the only citation in the decision. Needless to say,
    the matter is of great symbolic meaning to me--I see no reason to burden
    this forum with the details.)
    Clearly, it isn't needless to say because nobody that has read your question has understood it.

  5. #5
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    Default Re: Can One Appeal to Get Irrelevant Objectional Citation Removed from Case

    Quote Quoting Taxing Matters
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    You'll need to spell out what you mean by "remove a citation". Exactly what is it that you are asking the court to do and why? I can't see a circumstance in which it would be important to have a citation removed from a court opinion. You can always argue in appeal that the case cited is irrelevant and should be ignored by the appellate court, but actually seeking to have the citation removed from the opinion seems pointless and I can't see an appellate court ordering that the lower court do that.
    Particularly where he says he does not disagree with the decision itself.

  6. #6
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    Default Re: Can One Appeal to Get Irrelevant Objectional Citation Removed from Case

    Quote Quoting doctorleff
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    I am perfecting an appeal of a decision to remove a citation.
    What sort of citation? Remove it from what?


    Quote Quoting doctorleff
    View Post
    That citation is to a case totally irrelevant to the case at bar.
    So...you're talking about a citation to some case precedent?


    Quote Quoting doctorleff
    View Post
    Is there any case law as to whether one can request the Court of Appeals
    make such a review of the wording of a decision.
    If the lower court's decision was based on an improper application of case precedent, you can appeal on that basis. However, if you're not actually challenging the outcome of the case, the answer to your question is no, and it would be a monumental waste of both your and the court's time.

  7. #7
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    Jun 2019
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    3

    Default Re: Can One Appeal to Get Irrelevant Objectional Citation Removed from Case

    Thank you to all those who responded.
    Certainly, had the court responding to my appeal said what you all just
    said, I would not have been surprised!

    However, I would like to see a case cite or statute cite. If so, I will
    withdraw my appeal.

    (In New York State, one has one month to file one's Notice of Appeal after
    receiving a decision. One then has six months to "perfect one's appeal."
    That includes writing your brief and submitting an additional 315 dollars.)
    I have already drafted my appeal and prepared my appendix with documents.
    When I go to New York City in two weeks--I intended to bring it in to the
    court then.
    If I find such a cite, I promise to submit instead a motion to withdraw
    my appeal. (I am sure that attorneys under the rush of the hard thirty-day
    deadline often submit their Notice of Appeal.
    Then, when they start to write their
    brief, they realize they don't have a case and simply have to formally
    tell the court, "Sorry, Never Mind.")

    (Note, I did google "appeal" and "substantive rights of parties"
    Congress has commanded that in "any" case at all, which would
    include a pro se prisoner's civil lawsuit,
    we must disregard errors 'which do not affect the
    substantial right of parties'

    Section 2111

    "On the hearing of any appeal or writ-of-certiorari in any case, the court
    shall give judgment after an examination of the record without
    regard to errors or defects which do not affect thee substantial rights of
    the parties. 28 U.S.C Section 2111.

    (This federal case involved whether a prisoner initiating a
    pro se lawsuit regarding
    their conditions of incarceration is entitled to an appeal when they did not
    get a Klingele form. This advises the prisoner of their rights and
    requirements if there is a motion for summary judgement against them.)

    Rand versus Rowland, United State of Appeals , Ninth Circuit
    No 95-15428

    Apparently, some states have such rules. Confer
    Irvine v Carr 163 Va 662 667 (Va. 1934)
    An act of 1914, "it is apparent that this court should extend the doctrine
    of harmless error to its logical conclusion, namely, that error is
    harmless which does not injuriously affect the interests of the
    party complaining, and that such injury is not presumed but must
    affirmatively appear from the record; for that act, in simple and
    unambiguous language, directs the courts, at every stage of the
    proceeding to disregard any error or defect in the proceeding
    which does not affect the substantial rights of the parties."
    [citing Standard Paint Co v. E. K. Victor Co 12 Va 595, 91
    S. E. 752, 757"

  8. #8
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    Ohio
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    Default Re: Can One Appeal to Get Irrelevant Objectional Citation Removed from Case

    A citation is not a "harmless error" as defined by law, you seem to equate an irrelevant citation, so proposed, to what is known on an appeal basis as an "Assignment of Error". They each have a unique legal meaning.

  9. #9
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    Sep 2010
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    Default Re: Can One Appeal to Get Irrelevant Objectional Citation Removed from Case

    As I stated, the courts won't consider revising this unless the change has some changes a substantial right of a party. The judge could have written that he likes to wear nothing under his robes and play with himself, but since it has no bearing on the parties' rights, it stands.

  10. #10
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    Oct 2014
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    Default Re: Can One Appeal to Get Irrelevant Objectional Citation Removed from Case

    Quote Quoting doctorleff
    View Post
    Thank you to all those who responded.
    Certainly, had the court responding to my appeal said what you all just
    said, I would not have been surprised!

    However, I would like to see a case cite or statute cite. If so, I will
    withdraw my appeal.
    A case or statute citation about what? You still haven't answered the key question I asked: what do you mean by removing a citation? Exactly what is it that you are asking the court to do? Without knowing that, I can't provide you any case law or statute that might address it. What it sounds like you want the court to do is tell the trial court to delete a citation to a case or statute that the trial court put in its opinion. If that is truly what you are asking for then it's pointless because having that citation removed from the judges opinion by itself does nothing to change the outcome of the case. If you think the judge misapplied the case or statute cited then you can argue about that if it makes a difference in the outcome, but that doesn't change how the opinion of the lower court is written.

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