Clik here to view.
TRIAL BY AFFIDAVIT
"Effective July 1, 2022, section 202.20 of the Uniform Rules for the New York State Trial Courts was revised to provide for the direct testimony by affidavit upon the request of a party in a bench...
View ArticleClik here to view.
NEW YORK - KINSHIP DISQUALIFICATION ARGUMENT DISMISSED FOR LACK OF STANDING
BB EX REL ROSENTHAL v. HOCHUL, Dist. Court, ED New York 2023:"DISCUSSIONI. Rule 12(b)(1) MotionA. Article III Standing"No principle is more fundamental to the judiciary's proper role in our system of...
View ArticleClik here to view.
NEW YORK - NO MORE $500 CREDIT ON HOUSE SALES
Signed into law on September 22:"BILL NUMBER: S5400SPONSOR: HOYLMAN-SIGAL TITLE OF BILL: An act to amend the real property law, in relation to requiring disclo- sure of information concerning flood...
View ArticleClik here to view.
A "VERY CONTESTED" POST DIVORCE PROCEEDING ON CHANGE OF CUSTODY
KW v. WB, 2023 NY Slip Op 51095 - West. Co. Supreme Court 2023:"ANAR RATHOD PATEL, J.The Court presided over an eleven (11)-day non-jury trial in this matter on the following dates: April 5, 7, 10,...
View ArticleClik here to view.
Clik here to view.
A MILLION DOLLAR AWARD OF SANCTIONS
And this is one real Family Feud:Shapiro v Kurtzman 2023 NY Slip Op 23326 Decided on October 5, 2023 Supreme Court, Rockland County Marx, J., Index No. 7875/2001:Paul I. Marx, J.The Court fervently...
View ArticleClik here to view.
Clik here to view.
Clik here to view.
NO MORE AFFIDAVITS?
Effective January 1, 2024, any person can submit an affirmation under penalty of perjury in lieu of an affidavit. "The requirement that litigants and other court participants have documents notarized...
View ArticleClik here to view.
A HOTLY CONTESTED POST JUDGMENT CUSTODY DISPUTE
SG v. MG, 2023 NY Slip Op 51063 - Nassau Co. Supreme Court 2023:"PRELIMINARY STATEMENTThe Plaintiff moved by Order to Show Cause dated May 19, 2021[1] (Motion Sequence No.: 001) seeking an Order: (A)...
View ArticleClik here to view.
NEW NASSAU COUNTY PC RULES ALSO ADDRESS ADR
PRELIMINARY CONFERENCE PROCEDUREPreliminary Conference Orders in Nassau County will now be automatically generated with discovery deadlines as per statutory and/or court rules. Parties shall confer...
View ArticleClik here to view.
NEW YORK ONLINE REGISTRATION
Dear Colleagues, On December 1, 2023, all New York attorneys will be required to register and renew their registration using our online system. In conjunction with the new online filing mandate,...
View ArticleClik here to view.
CAN ADOPTEE INHERIT FROM BIOLOGICAL PARENT INTESTATE ESTATE?
MATTER OF OSTAPENKO, 2023 NY Slip Op 23349 - NY: Surrogate's Court, Kings 2023:"The question before the court is whether the adoption of the Petitioner by her stepfather prohibits the Petitioner from...
View ArticleClik here to view.
WHEN A TEENAGER HAS A PREFERENCE FOR A GUARDIAN OTHER THAN A PARENT
A child’s custody preference for a guardian, while entitled to weight, is not determinative.GUARDIANSHIP OF RAYA, No. 22-P-1100, Appeals Court of Massachusetts, Hampshire (2023):"HODGENS, J.Weeks after...
View ArticleClik here to view.
BEING RELIEVED AS COUNSEL IS NOT A UNILATERAL AFFAIR
KALAMATA CAPITAL GROUP, LLC v. AJP REMODELING, LLC, 2023 NY Slip Op 51301 - Kings Co. Supreme Court 2023:"The instant action alleges causes of action premised upon a breach of a merchant cash advance...
View ArticleClik here to view.
IT'S A WONDERFUL LIFE AND ARCH OBOLER
It's usually at this holiday time of year that I remember the endless showings of It's A Wonderful Life on all the local television stations in the mid 1970s. The story goes like this: due to a...
View ArticleClik here to view.
NO MORE NOTARIES NEEDED FOR COURT
This was noted by a post in November and now, as a reminder, CPLR 2106 was recently amended. The new version will go into effect on January 1, 2024 so it's time to update forms.CPLR 2106. Affirmation...
View ArticleClik here to view.
FOR FREELANCERS - EFFECTIVE MAY 20, 2024
BILL NUMBER: S5026SPONSOR: GOUNARDES TITLE OF BILL:An act to amend the labor law, in relation to enacting the "freelanceisn't free act" PURPOSE OR GENERAL IDEA OF BILL:To provide recourse to freelance...
View ArticleClik here to view.
FORCED MEDICATION
Currently in Massachusetts, I deal with similar issues regarding antipsychotic medications and children. The following cases are from NY but here the patient is not a child but an incarcerated adult....
View ArticleClik here to view.
CHILD WELFARE MASSACHUETTS - OCA COMPLAINT
Posting this for my future use:***Please note that OCA staff are mandated reporters. While the OCA says that complaints are confidential, the staff could file a 51A if they receive information about...
View Article