CHILD CARE - CPS FOUNDED REPORT COULD NOT BE SEALED
MATTER OF JEFFREY O. v. NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES, 2022 NY Slip Op 4593 - NY: Appellate Div., 3rd Dept. 2022:"Petitioner is the father of a child (born in 2017). The...
View ArticleCOMPULSORY PRO BONO IN DIVORCE
YH v. ES, 2022 NY Slip Op 22211 - NY: Supreme Court, Putnam 2022:"This is a matrimonial action. Both parties have been granted "poor person" relief pursuant to CPLR §1101 and are represented by...
View ArticleMEDICAL MARIJUANA AND WORKERS COMPENSATION
MATTER OF BARRETTA v. PAL ENVTL. SAFETY, 2022 NY Slip Op 4598 - NY: Appellate Div., 3rd Dept. 2022:"Claimant, a fire proofer, has an established claim for an occupational disease involving his back,...
View ArticleCHILD CARE - GROUP OR FOSTER HOME - THE LEAST RESTRICTIVE PLACEMENT?
MATTER OF FELIPE R., 2022 NY Slip Op 22216 - Bronx Family Court 2022:"The Administration for Children's Services ("A.C.S." hereafter) filed the underlying neglect petition against Iris C. on January...
View ArticleNEW RULES COMING FOR REMOTE NOTARY
On January 31, 2023, notaries wishing to provide remote notary services must register with the Department of State as an electronic notary. On this date, regulations will go into effect placing...
View ArticleREASONABLE EFFORTS TO RETURN TO FAMILY IN NEGLECT AND ABUSE PROCEEDING NOT...
MATTER OF SCOTT, 2022 NY Slip Op 50645 - Thomson Co. Family Court 2022:"Respondent Jamie Scott (hereinafter "the mother" or "the Respondent") is the mother of the subject child Britney Scott (date of...
View ArticleADULT SURVIVORS ACT - WINDOW TO BEGIN NOVEMBER
On May 22, Governor Kathy Hochul signed the Adult Survivors Act (S.66A/A.648A), creating a one-year lookback window for survivors of sexual assault that occurred when they were over the age of 18 to...
View ArticleMEDICAL MARIJUANA AND DISABILITY DISCRIMINATION
Is NYS law more encompassing than NYC law? Scholl v. COMPASS GROUP USA, INC., Dist. Court, SD New York 2022:"Defendants seek summary judgment on Plaintiff's claim under the New York City Human Rights...
View ArticleCHILD SUPPORT - DISMISSING AN APPLICATION FOR MODIFICATION
In this matter, I was the attorney representing the mother in family court but did not handle the appeal.MATTER OF JEAN-BAPTISTE v. Jean-Baptiste, 2022 NY Slip Op 4628 - NY: Appellate Div., 2nd Dept....
View ArticleCHILD CUSTODY - WHEN BOTH PARENTS ARE AN ISSUE
MATTER OF BENJAMIN v. v. SHANTIKA W., 2022 NY Slip Op 4774 - NY: Appellate Div., 3rd Dept. 2022:"Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of two...
View ArticleNO FAULT BENEFITS CLAIM - LACK OF MEDICAL NECESSITY?
I have arbitrated many of these disputes in Nassau County District Court. This case is from Kings County Civil Court.Kim v. Allstate Ins. Co., 2022 NY Slip Op 50700 - NY: City Court, Civil Court...
View ArticleMASSACHUSETTS LAW - VIRTUAL VISITATION
THADDEUS v. SECRETARY OF THE EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES, 101 Mass. App. Ct. 413 - Mass: Appeals Court 2022:"Present: Meade, Englander, & Grant, JJ.Department of Children &...
View ArticleCHILD SUPPORT - DISABLED CHILD TO 26
Back in November 2021, i wrote about a new amendment to the DRL regarding child support when a child is disabled (A Lawyer's Blog - Jon Michael Probstein, Esq.: SUPPORT FOR DISABLED CHILD TO 26...
View ArticleCHILD CUSTODY - THE SUPREME COURT AND THE HAGUE CONVENTION
A court is not required to examine all possible ameliorative measures before denying a Hague Convention petition for return of a child to a foreign country once the court has found that return would...
View ArticleREMEMBER COURT TV?
From 1997 when I was still involved in entertainment law.From http://jmpattorney.blogspot.com/
View ArticleTHE BENEFITS OF NYS COURT COMMERCIAL DIVISION
The Benefits of the Commercial Division to the State of New York from The Business Council of NYS on Vimeo.From http://jmpattorney.blogspot.com/
View ArticleDISSOLVING AN ARTICLE 17-A GUARDIANSHIP
Matter of M.M., Date filed: 2022-05-23, Court: Surrogate's Court, Richmond, Judge: Surrogate Matthew J. Titone, Case Number: File No. 2010-915/D:"M.M., through his counsel, Disability Rights New York...
View ArticleAN ABUSE & NEGLECT CASE IN NY
Matter of Dariel R., Date filed: 2022-08-03, Court: Family Court, Bronx, Judge: Judge Liberty Aldrich:"PROCEDURAL HISTORY On July 27, 2022, the Administration for Children’s Services (“ACS”) filed a...
View ArticleCHILD CUSTODY AND THE PROBLEM CHILD
The problem child, the stubborn child - in NY, a parent may seek a PINS. A child under the age of 18 who does not attend school, or behaves in a way that is dangerous or out of control, or often...
View ArticleMASSACHUSETTTS LAW - VIRTUAL CUSTODY TRIALS
IN RE ADOPTION OF PATTY, Mass: Supreme Judicial Court 2022:"WENDLANDT, J.Given the special circumstances presented by the COVID-19 pandemic and its related restrictions on the ability of the Juvenile...
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