shillsuckingbloodcantsleep

Note of Issue, NY, past deadline

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I am the defendant in a consumer credit case. I won't bore anyone with all the deets til now, but here's where I am currently at: I have been pro say in Suffolk County, NY, going on almost 2 years. I've had several compliance conferences. We have completed discovery, and both the attorney for plaintiff and I signed a stipulation of trial readiness and they were to have filed the NOI by today. They didn't file. My question is what to do. We have a pre-trial conference next month. So far, we have had 2 other stipulation agreements which were signed by both parties and filed with the clerk in the courtroom. Neither of these stipulations were upheld by the plaintiff's attorneys. I have still never seen the judge, and only saw (I don't even know his title, but he was the one running the show when those who wanted to see him got a chance to) that man once. It didn't phase him that neither stip had been followed, so it seems like they are arbitrary. In fact, he didn't have a copy of one of the stips, and neither did opposing counsel (because they send a new attorney every time who has no idea what is going on), so I provided it and he had it copied for the court and opposing counsel....Anyway, when I asked the clerk today when I called late in the aft to see if the NOI was filed, he said it was "theoretically" supposed to be filed, but they could say they were not done with discovery. I am very frustrated, as a pro se, who takes a lot of time to follow procedures, only to find out they are ethereal and no one must really abide by them. What can I do now? The date is the date, they signed off on being done with discovery. This particular law firm has sent (to date) FIVE attorneys to handle my case. Only one repeated 2 times. The last attorney, who seemed to have a heart (I am disabled and in process of filing bankruptcy, I have to wait another year to do so to have taxes that I can't pay discharged, and yes, I have to wait that long here in NY), this attorney of theirs advised me to get the case dismissed if they didn't abide by the NOI. But, knowing that their attorneys have lied to my face, lied to me over the phone, and failed to abide by either agreed to stip, I know they are going to try to pull some crap. Anyone in NY or familiar with NY Supreme Civil that could help me. I know CPLR 3216 seems to cover this, but like other things I have mentioned, it is very hard to navigate when you don't know what laws are followed and what laws are simply make-believe. Thanks in advance!

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I'm very interested to follow this because I'm in the same boat in another county.  The Note of Issue for my case was supposed to be filed on 9/1.   

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