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NOT THE NORM BUT ENCOURAGING TO KNOW
There are many pros and cons of the child welfare system regarding foster care, etc. and, in my work in Massachusetts in Child Requiring Assistance cases, these pros and cons are pretty much...
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FOIL LITIGATION
I have been receiving various questions on this issue. Only after all administrative remedies have been fully exhausted, may an Article 78 proceeding be entertained. And as noted by the 2nd Dept:"FOIL...
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ADOPTIONS - CAN MOTHER REVOKE THE SURRENDER OF THE CHILD
MATTER OF J./E., 2022 NY Slip Op 51325 - NY: Family Court 2022:"A surrender document may be voided if it was obtained through duress, coercion, or fraud. Social Services Law § 384(5). "To void a...
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MORTGAGE FORECLOSURE - RPAPL 1304 AND FDCPA ISSUE
DEUTSCHE BANK NATL. TRUST CO. v. ABER, 2022 NY Slip Op 51036 - NY: Supreme Court, Rockland Co. 2022:"Turning to the merits of the RPAPL 1304 defense itself, the Court need not belabor the issues....
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ARTICLE 17-A GUARDIANSHIP NO LONGER NECESSARY
And note that the same reasoning will also apply when one i seeking an Article 17-A Guardianship as noted in an earlier post: A Lawyer's Blog - Jon Michael Probstein, Esq.: FOR ADULTS WITH...
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PARENT LIMITED IN RIGHT TO USE CHILD'S PERSONAL INJURY SETTLEMENT
David M. v. DM, 2022 NY Slip Op 51045 - NY: Supreme Court, Rensselaer 2022:"In this personal injury action, and following an October 21, 2021 Infant Compromise Order — which resolved and settled all...
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RIGHTS OF UNMARRIED PARENTS EXPANDED
Signed into law on December 30, 2022:"BILL NUMBER: S6389SPONSOR: BRISPORT TITLE OF BILL:An act to amend the domestic relations law and the social services law,in relation to the rights of non-marital...
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COLLECTING RENT IN A MULTIPLE DWELLING WITH SERIOUS VIOLATIONS
Here, the violations were not on tenant's apartment yet they were serious violations in the building.936 TYH RM BRONX LLC v. Brujan, 2022 NY Slip Op 33642 - NY: County Court, Civil Court...
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CHILD SUPPORT - WHEN BOTH PARENTS HAVE EQUAL PARENTING TIME
Smisek v. DeSantis, 209 AD 3d 142 - NY: Appellate Div., 2nd Dept. 2022:"We conclude, to the contrary, that the court-ordered custody arrangement in this case splits the parents' physical custody of the...
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PETS, REPLEVIN AND INJUNCTIONS
Rodriguez v. Castano, 2022 NY Slip Op 34054 - NY Co. Supreme Court 2022:"Plaintiff commenced this action for replevin seeking the alleged return of her dog, Kilo, from defendant, plaintiff's then...
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ON PARTITIONS AND HEIRS PROPERTY
ANTIOCO v. ANTIOCO, 2022 NY Slip Op 34420 - NY: Supreme Court 2022:"nder RPAPL § 901, where there is no agreement preventing partition and a court has not made a determination as to use or possession...
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TERMINATION OF TEMPORARY MAINTENANCE IN SHORT TERM MARRIAGE?
FA v. SA, 2023 NY Slip Op 50059 - NY: Supreme Court 2023:"The Court is called upon to determine whether or not, during the pendency of a matrimonial action, to terminate an award of temporary...
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COMMON LAW AND EMPLOYMENT CONTRACT RENEWAL
Kushner v. CARTER LEDYARD & MILBURN LLP, 2023 NY Slip Op 30171 - NY Co. Supreme Court 2023:"Where an employment agreement is for a definite term, upon expiration of that term, should the employee...
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RPAPL 1304 REDEFINED
One "defense" available to homeowners has been eliminated on February 14, 2023.Bank of Am., NA v. Kessler, 2023 NY Slip Op 804 - NY: Court of Appeals 2023:"The question presented here is whether the...
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RESOLVING PARENTING TIME DISPUTE BETWEEN TWO PARENTS
SS v. MS, 2022 NY Slip Op 51090 - NY: Family Court 2022:"In this custody and visitation proceeding brought under Article 6 of the Family Court Act, respondent M.S. ("Respondent") filed this motion...
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ON DISSOLVING A LLC
CHERNOMORDIK v. OCEAN SAND DEV., LLC, 2022 NY Slip Op 33846 - Kings Co. Supreme Court 2022:"Concerning the causes of action, the first counts seek dissolution. In Matter of 1545 Ocean Avenue LLC, 72...
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ARE LOCAL "GOOD CAUSE EVICTION LAWS" VALID?
"ORDERED, that the GCEL enacted by the City of Poughkeepsie Common Council is deemed unconstitutional, thereby rendering it VOID and UNENFORCEABLE under New York State's "Preemption Doctrine"; and it...
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LIMITED REPRESENTATION AND CPLR 321 (d)
CPLR 321 (d):"(d) Limited scope appearance. 1. An attorney may appear on behalf of a party in a civil action or proceeding for limited purposes. Whenever an attorney appears for limited purposes, a...
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WAIVING THE RIGHT TO BE RESTORED TO PREMISES AFTER ILLEGAL LOCKOUT
Vatel v. Wills, 74 Misc. 3d 566 - NY: City Court, Civil Court 2022:"The relevant statutes considered in an illegal lockout are RPAPL 713(10), RPAPL 768, RPAPL 711, and Administrative Code of the City...
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