A motion to vacate the ex parte decision in the Mokay trial was filed

New York statute, CPLR 5704(a) allows to file motions to vacate directly to the Appellate Division of orders of the court made in an ex parte manner.

Since that is exactly what Judge Kevin M. Dowd did in the Mokay case (see my earlier blogs on pertaining to the Mokay saga searchable by the words "Mokay" in the search window on the right of the blog) by proceeding to trial in the absence of counsel who was on a legitimate documented medical leave, diagnosed by a licensed physician for a documented back injury and pain, and by making a decision in that ex parte trial, of July 12, 2015, such a decision is, as a matter of law, in my legal opinion, an ex parte decision addressable under the CPLR 5704(a) to the Appellate Division.   

For that reason and to protect my client's rights, I have filed a motion to vacate pursuant to CPLR 5704(a) and my client's constitutional right to a jury trial with the Appellate Division.

An attorney, by being injured and being on a medical leave ordered by her physician, is protected by federal privacy laws and by the federal Americans with Disabilities Act which pre-empts any inconsistent state law, and no court may order her to appear despite her doctors orders not to work and despite her physical inability to move due to her injury.

No court may rule that by not appearing because of her injury and medical leave, an attorney somehow waives her client's state constitutional right to a jury trial.

Let's see what the Honorable appellate court will make out of Judge Kevin Dowd's spiteful shenanigans.