My question involves court procedures for the state of: New York
Before the State Administrative Order restricting court filings to essential matters only -- (Civil matters = non-essentials), two motions were still in the briefing process. The case had been paused previously in order to have a negotiation mediated by the law clerk ordered by the court. The negotiations failed and a court order setting deadlines for both motions was issued. After the process was stopped by the coronavirus order, the other party offered to revisit the negotiations again inviting the clerk to participate although the clerk's mediation had already been labeled concluded by the clerk himself. The clerk appeared very biased again me in the new discussion and I called the negotiations off. The clerk apparently had some conversations with the judge and a new deadline amending order setting a new deadline for me to respond to the other party's motion while adjourning my motion without a date, to be restored to the calendar at a future date. The only reason given on the order "As a result of the public health emergency related to the Coronavirus". No other facts whatsoever are given as a reason. In the email which delivered the order, the law clerk states that following his conversations with the judge regarding the matter, the attached was issued, and to let him know if there are questions.
This order will harm my position if the other party's motion is addressed and mine is addressed later. I feel that both motion must be addressed simultaneously. I need to know what can be done to stop the order. Will an appeal of the order stop its execution while the appeal is pending. It seems all communications with the clerk have to go through the same clerk. If I cannot stop the order, can I still supplement my motion as was allowed in the previous order, without violating the current order. Where can I go for help? What would the appeals procedure look like? a Notice filed with the current court first? As you can see, this is so confusing... it looks like I am dealing with an activist clerk taking advantage of my not using a lawyer, and avenging my not having settled when he asked me to. Please any help and guidance is wholeheartedly appreciated. Don't I need to know what facts the clerk presented to the judge so I can appeal properly? Isn't the order defective?