When there is an emergency that needs immediate intervention by the Courts, the matter is brought before them by an Order to Show Cause seeking a Temporary Restraining Order.
Creedon & Gill are experts in this kind of challenging work, and attorney Peter J. Creedon had three successes in the last few weeks that have made our clients very happy.
The Order to Show Cause process is challenging.
A case is opened in the New York State Electronic Case Filing system by the purchase of an Index Number, and Proposed Order is submitted praying for an immediate hearing and a Judge’s signature stopping the other side from doing something they threatening to do which would prejudice our clients.
Almost everything that would end being done by the end of the case is front loaded at this point.
A Petition or Complaint is filed stating the facts of the case. Exhibits in support are filed. These exhibits could be leases, contracts, witness statements, medical records, email checks, photos, deeds – whatever will be necessary to prove the case in the long run.
A client with personal knowledge of the facts executes an affidavit that we prepare with them swearing to the facts of the case and authenticating the Exhibits. An attorney affirmation is filed that explains to the Judge what the case is about, and what the law is, why our client’s are likely to win out at the end and how they will be prejudiced if the Court doesn’t put the brakes on something the other side is threatening to do now. The Clerks require an affirmation of emergency circumstances, and proof that you have given the other side notice of the fact that you will be seeking emergency relief and telling them of the time and place that you will do so.
All of this is prepared in a matter of days, and it is a drop everything kind of effort that culminates in a physical trip to the Courthouse and to the Special Term office where a rotating judge is provided with a copy of the papers and takes argument from our office and whoever appears for our adversary. When we convince the Judge of the merits of our clients case and the need to immediate action, the judge will sign the Temporary Restraining Order that we have presented.
In this way Creedon & Gill stopped a vote on the day it was intended to take place which would have permanently deprived a congregation of its right to control the destiny of its house of worship.
In this way Creedon & Gill stopped a threatened eviction proceeding on the eve of 300 students being locked out of their place of education.