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PET LAW - AND OVERZEALOUS PRO SE LITIGANTS
Connolly v Nina 2024 NY Slip Op 51045(U) Decided on August 13, 2024 Supreme Court, Kings County Maslow, J.:"The instant matter pertains to the custody of two dogs, Mary Alice and Henry. This Court...
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DIVORCE - WHEN SPOUSES LIE AT TRIAL ABOUT EVERYTHING
MI v. CI, 2024 NY Slip Op 51065 - NY: Supreme Court 2024:IntroductionIn 2016, these parties reported $43,773 as their total income on their jointly filed income tax return. In 2017, these parties...
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FREELANCE ISN'T FREE ACT
On August 28, 2024, the “Freelance Isn’t Free” Act added Article 44-A to the General Business Law to provide protections to freelance workers, including contractual requirements and a formal...
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A LEASE BREACH DOES NOT PER SE RISE TO LEVEL OF NUISANCE
LEXINGTON AVE. LP v. Clement, 2024 NY Slip Op 50987 - Kings Co. Civil Court 2024:"This is a holdover proceeding commenced against Dara Clement ("respondent"), a rent stabilized tenant and recipient of...
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RECENT APPOINTMENT - ADR
I have been appointed to the United States District Court, Eastern District of New York, Alternative Dispute Resolution Advisory Council for a two-year term to begin on January 1, 2025. I have been a...
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PET LAW - THE DECISION WITH THE OVERZEALOUS PRO SE LITIGANTS
If you remember the August post about the pro se litigants fighting over their dog and calling the court for a decision (PET LAW - AND OVERZEALOUS PRO SE LITIGANTS), the case has been decided,...
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VACATING AN ACKNOWLEDGEMENT OF PARENTAGE ON MUTUAL MISTAKE
In this case, to set aside an acknowledgment of parentage, more than oral testimony is needed if the grounds are mutual mistake. "Family Ct Act §516-a (a). Sixty days after the expiration of the time...
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JOINT LEGAL CUSTODY AND FINAL DECISION MAKING
A cautionary warning when drafting these clauses in a divorce/separation agreement.KS v. JS, 2024 NY Slip Op 51418 - NY: Supreme Court, Putnam 2024:"VICTOR G. GROSSMAN, J.It is ORDERED that the...
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PARTITION AND THE NEW HEIRS ACT
What I find interesting is this note by the court at the conclusion of its analysis: "To the extent that <Plaintiff> may argue that its later, post-commencement, purchase of the Niece's interest...
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DIVORCE - CHANGING A SEPARATE PROPERTY PENSION INTO MARITAL PROPERTY
SZYPULA v. SZYPULA, 2024 NY Slip Op 5177 - NY: Court of Appeals 2024:"WILSON, Chief Judge.In this case, a couple used marital funds to augment the husband's Foreign Service pension so that it included...
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THE TRANSFER ON DEATH DEED.
As per their notice, Abstracts Incorporated has worked with the Nassau Clerk in obtaining language they deemed acceptable on the new transfer on death deed and were the first Title Company to record...
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WHEN DISPUTING THE RIGHT TO ENTER ADJOINING PROPERTY FAILS
WEST 125th DEV. LLC v. Song, 2024 NY Slip Op 33934 - NY Co. Supreme Court 2024:"LOUIS L. NOCK, J.S.C.The petition of West 125th Development LLC ("petitioner") for a license to enter adjoining property...
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NYC FAIR CHANCE FOR HOUSING ACT
From an email from the firm of Schwartz Sladkus Reich Greenberg Atlas LLP:"The New York City Council recently enacted Local Law 24 of 2024 – The Fair Chance for Housing Act (the “Act”) - which makes it...
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NY CHILD WELFARE CASE - NO REMOVAL OF CHILD NEEDED
In the Matter of C.F., Date filed: 2024-12-10, Court: Family Court, New York, Judge: Judge Yael Wilkofsky, Case Number: (redacted):PLEASE TAKE NOTICE: PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT,...
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NY CHILD WELFARE CASE - DISMISSAL WITHOUT HEARING
Matter of Autumn A. (Cherrie A.), 2024 NY Slip Op 51769(U), December 23, 2024, Family Court, Kings County, Deane, J:"IntroductionOn November 18, 2024, the Respondent mother, Cherrie A. ("Respondent"),...
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NEW ADR APPOINTMENT
I was recently appointed to be a panel member of the Alternative Dispute Resolution (ADR) Advisory Council for the Eastern District of New York. The mission of the ADR program is to provide federal...
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PENDENTE LITE MOTION BRINGS RELIEF TO SPOUSE
This decision highlights the main issues that come up in a pendente lite hearing.KO v. MO, 2024 NY Slip Op 51754 - Kings Co. NY Supreme Court 2024:"JEFFREY S. SUNSHINE, J.The parties were married in...
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NEW YORK DIVORCE - A PRENUP WAIVER OF SPOUSAL MAINTENANCE ALSO NEEDS THE FULL...
JM v. GV, 2025 NY Slip Op 25004 - NY King Co. Supreme Court 2025:"....Full Presumptive Maintenance CalculationsParties are entitled to opt-out of the post-divorce maintenance computational formula...
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NY CHILD WELFARE - WHEN ONE ACT OF CORPORAL PUNISHMENT EQUALS NEGLECT
"MATTER OF ELINA M., 2024 NY Slip Op 6574 - NY: Appellate Div., 2nd Dept. 2024:VOUTSINAS, J.APPEAL by the father, in a proceeding pursuant to Family Court Act article 10, from an order of disposition...
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