Judge Philip Straniere - Filing & winning small claims for dummies

Filing & Winning Small Claims For Dummies

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Library of Congress Control Number: 2013932109

ISBN 978-1-118-42444-5 (pbk); ISBN 978-1-118-46104-4 (ebk); ISBN 978-1-118-46101-3 (ebk); ISBN 978-1-118-46100-6 (ebk)

Manufactured in the United States of America

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About the Author

Hon. Philip S. Straniere was elected to the New York City Civil Court in November 1996 from the Second Civil Court District on Staten Island, and was reelected in 2006. In 2004 he was named an Acting Justice of the New York State Supreme Court and Supervising Judge of Civil Court, Richmond County.

Straniere received his JD from New York University School of Law and his BA (Magna Cum Laude) and MA in history from Wagner College on Staten Island. Prior to going on the bench he was in private practice for more than 20 years.

He is currently an adjunct assistant professor at St. Johns University, where he has taught undergraduate law for over 30 years. He also taught at St. Johns University in the College of Business Administration before becoming a judge, and served as an administrative law judge for the New York City Board of Education Impartial Hearing Office, the Taxi and Limousine Commission, the Parking Violations Bureau, and the Environmental Control Board.

Known for using humor as well as references to popular culture in his decisions, Judge Straniere has been the subject of articles in the New York Times and The Wall Street Journal . In addition, his writing style has been the subject of an academic paper presented to the Mid-Atlantic Popular/American Culture Association in 2011.

He is married to Jennifer and has three children Gregory, Amanda, and Nicholas.

Dedication

This book is dedicated to all the court clerks across the United States who every day answer the same questions over and over in an effort to make litigants encounters with the court system as easy as possible; to all attorneys who volunteer their time to serve as arbitrators and in other roles so that small claims courts can handle the volume of cases they deal with on a regular basis; and to all of the judges who are committed to ensuring that every litigant gets his or her day in court and who, after sitting in small claims court, will turn to colleagues, staff, family, and friends and say, You wont believe the case I just heard; you cant make this stuff up.

Authors Acknowledgments

First I have to acknowledge my family. My wife, Jennifer, and my children, Gregory, Amanda, and Nicholas, who kept suggesting that I should write a book. Well, here it is. I was hoping it would be 101 Moose Jokes , but I guess a book that helps people understand small claims court will be just as good (and humorous).

Next on the list are Maria Colonna Emanuel and Helene Donlan Sacco, my current and my original court attorneys. Helene graduated from the world of small claims court to become a Family Court Judge and, like Maria, quickly gave up trying to eliminate the references to popular culture, theatre, and sports from my decisions.

To my secretaries, Traci Batiancela and Collette Curry, who come to me after reading a decision and let me know when something doesnt make sense.

I also have to thank the gang I work with at 927 Castleton Avenue, Staten Island. Theyre all dedicated public servants who spend their days trying to help people navigate the legal system so that the process is less intimidating.

I should also mention my law student intern, Tara Pistilli, who, after spending a summer checking out every states small claims law, has apparently decided to focus on patent law.

Also deserving mention are the individuals who have led the court system in New York during my time on the bench: Hon. Judith Kaye, Hon. Jonathan Lippman, Hon. Ann Pfau, Hon. Gail Prudenti, and my direct supervisor, Hon. Fern Fisher. Their commitment to making the legal process understandable to the general public, to simplifying forms, and to providing much-needed services to the unrepresented litigants who dominate my court has made New York a leader in ensuring that people, through the access to justice program, get both their day and their say in court.