VICTIMS OF IDENTITY THEFT/DOMESTIC VIOLENCE AND SOCIAL SECURITY
Whether it is domestic violence that requires this, or you are a victim of identity theft, it may be best to change your social security number. Social Security (SSA) will address this for you. After...
View ArticleSPANKING AND ABUSE/NEGLECT
The American Academy of Child and Adolescent Psychiatry recognizes that "Children need limits and rules. There are many ways to give children rules and help change their behavior. Examples include...
View ArticleA NEW CLE REQUIREMENT FOR ATTORNEYS IN NY
From NYCOURTS:New York State Continuing Legal Education Board Dear Counselor: There is a new CLE requirement for New York attorneys. Effective July 1, 2023, you must complete 1 CLE credit hour in the...
View ArticleFOR ADULTS WITH INTELLECTUAL DISABILITIES, A GUARDIAN IS NOT ALWAYS NEEDED
MATTER OF GRACE J., 2022 NY Slip Op 22321 - NY: Surrogate's Court, Kings 2022:"Before the court is a guardianship proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act (Article...
View ArticleABUSE, DELAY, DIVORCE
JN v. TN, 2022 NY Slip Op 22310 - NY: Supreme Court 2022:INTRODUCTIONThere are cases in which the end of the marriage does not mark the end of the abuse. This, unfortunately, is one of those cases.On...
View ArticleTENANT BACKGROUND CHECKS
"WASHINGTON, D.C.– Today (November 15, 2022), the Consumer Financial Protection Bureau (CFPB) issued two reports on the tenant background check industry. The reports describe how errors in these...
View ArticleTEENAGE ANTICS AND PARENT LIABILITY
As I research and prepare to give a high school class lecture on consumer law, for some reason I passed by General Obligations Law § 3-112, the one about liability of parents and legal guardians having...
View ArticleWHEN A PARENT REFUSES TO COMPLY WITH A PARENTING ORDER
SS v, MS, 2022 NY Slip Op 51090 - NY: Family Court 2022:"Whereas Respondent has demonstrated all of the elements of contempt by clear and convincing evidence, the court finds that Petitioner is in...
View ArticleAMENDING THANKSGIVING
From the National Archives:"On September 28, 1789, just before leaving for recess, the first Federal Congress passed a resolution asking that the President of the United States recommend to the nation...
View ArticleIN DIVORCE, NON-DISCLOSURE IS NOT PER SE FRAUD
Wong v. Wong, 2022 NY Slip Op 33823 - NY: Supreme Court 2022:"In order to state a claim for fraud in the inducement, a plaintiff must allege misrepresentation or a material omission of fact which was...
View ArticleREMOVING OR DISCHARGING A GUARDIAN
MATTER OF LOEW, 2022 NY Slip Op 6436 - NY: Appellate Div., 1st Dept. 2022:"The Mental Hygiene Law does not support appellants' contention that they were entitled to a testimonial hearing in this case...
View ArticleEMANCIPATED MINORS
I hear from a lot of teenagers - I'm 16, I want to be emancipated, can't stand my parents anymore. Perhaps inspired by Irreconcilable Differences, a 1984 American comedy-drama film starring Ryan...
View ArticleTRUANCY IN NY AND RIGHT TO REMAIN SILENT
MATTER OF TYLER D., 166 AD 3d 612 - NY: Appellate Div., 2nd Dept. 2018:"In September 2015, the assistant principal of the appellant's high school filed a petition pursuant to Family Court Act article 7...
View ArticleTHE POWER OF THE CO-OP BOARD AND THE BUSINESS JUDGMENT RULE
MATTER OF SCHULTE, 2022 NY Slip Op 34000 - NY: Surrogate's Court, New York 2022:"As this court held in its April 2016 decision, the Board's determination of the request to transfer the shares here was...
View ArticleCANNABIS AND ABUSE & NEGLECT
MATTER OF MIA S., 2022 NY Slip Op 6932 - NY: Appellate Div., 2nd Dept. 2022:"On March 31, 2021, Family Court Act § 1046(a)(iii) was amended to provide that "the sole fact that an individual consumes...
View ArticleMORTGAGE FORECLOSURE - RPAPL 1304 AND FEDERAL PREEMPTION
DEUTSCHE BANK NATL. TRUST CO. v. ABER, 2022 NY Slip Op 51036 - NY: Supreme Court, Rockland 2022:"Turning to the merits of the RPAPL 1304 defense itself, the Court need not belabor the issues. Strict...
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