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2015 PETER JAMES JOHNSON NATIONAL CIVIL RIGHTS COMPETITION
Last night, I was honored to be a presiding judge in one of the competitions at Nassau County Supreme Court. My best wishes to all the schools participating.From http://jmpattorney.blogspot.com/
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SOME INTERESTING MATRIMONIAL DECISIONS- DOWNWARD MODIFICATION OF MAINTENANCE
Kaplan v. Kaplan, 130 A.D.3d 576, 13 N.Y.S.3d 184 (Second Dept. 2015):"The Supreme Court properly granted that branch of the plaintiff's motion which was for a downward modification of his maintenance...
View ArticleCAN A CHILD BE A WITNESS IN A CIVIL CASE?
Question posed yesterday - if the matter is not a matrimonial, not a criminal action - what are the rules?DELMARIE QUINONES, an Infant, by Her Mother and Natural Guardian, DELMA ALCANTARA, et al.,...
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SOME INTERESTING MATRIMONIAL DECISIONS - THE ATTORNEY FOR THE CHILD
Viscuso v. Viscuso, 129 A.D.3d 1679, 12 N.Y.S.3d 684 (Fourth Dept. 2015):"In appeal No. 1, the mother contends that the Attorney for the Child (AFC) violated her ethical duty to determine the subject...
View ArticleFREE LEGAL INFORMATION DAY TODAY
At the Nassau County Bar Association, today, October 29. 3-7 p.m.Volunteer attorneys (like myself) to meet one-on-one with a Nassau resident to provide legal information and referral.Please call Gale...
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SOME INTERESTING MATRIMONIAL DECISIONS - PROVING COMINGINGLED PROPERTY IS...
Terasaka v. Terasaka, 130 A.D.3d 1474, 13 N.Y.S.3d 740 (Fourth Dept. 2015):"We reject defendant's contention that Supreme Court erred in determining that the disputed trust account, funded with...
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MY "CONNECTION" TO LUCKY LUCIANO
In this month's ABA Journal, there is an article on the 1936 trial of Lucky Luciano. Moses Polakoff, Luciano’s longtime attorney, worked on the case along with criminal counsel George Morton Levy.In...
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HOW INCARCERATION CAN AFFECT VISITATION
McIntosh v. Clary, 129 A.D.3d 1392, 12 N.Y.S.3d 356 (Third Dept. 2015):"The parties are the parents of four children, born in 2005, 2006, 2008 and 2009. Since 2010, petitioner (hereinafter the mother)...
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ON FREE LEGAL INFORMATION DAY
I was just one of dozens of volunteer attorneys that day. It was a wonderful experience.From http://jmpattorney.blogspot.com/
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TENANT BLACKLIST AND TENANT SCREENING
A common question tenants ask when facing eviction is how the process will affect their chances of re-renting.Some websites tenants are suggested to...
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CHILD CUSTODY AND VISITATION - WHAT KIND OF MENTAL HEALTH TREATMENT CAN A...
Lajqi v. Lajqi, 130 A.D.3d 687, 11 N.Y.S.3d 860 (Second Dept. 2015):"The Supreme Court properly denied that branch of the defendant's motion which was to direct the plaintiff to undergo a psychiatric...
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TAX LIENS & STUDENT LOAN DEBTS
This is from an email I received from Shenwick & Associates:Many of our debtor clients ask the question: if I owe the IRS taxes and I'm collecting Social Security benefits or going to collect...
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VETERANS DAY
My father Albert Probstein served in the Pacific in WW2. This Saturday, I will serve as a volunteer lawyer at a free Veterans Legal Clinic:"The Maurice A. Deane School of Law will host a free Veterans...
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NEW YORK DIVORCE - ANOTHER AMENDMENT TO NEW MAINTENANCE LAW
On October 28, Gov. Cuomo signed into law a bill designed to clear up confusion that has developed over how spousal maintenance is treated when calculating child support. The bill, provides that...
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BUYING A "TAINTED" HOUSE
This came up in an email discussion - and reminded me of the movie Poltergeist. What is the Seller's duty to disclose the fact that, for example, there was a murder in the home, a contagious...
View ArticleTALK TO STRANGERS
The American Academy of Matrimonial Lawyers is co-distributing the Telly Award winning custody film, TALK TO STRANGERS""The 25-minute dramatic film tells the story of a sister and her younger brother...
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TIME LIMITS TO SUMMARY JUDGMENT MOTIONS
Bennett v St. John's Home, 128 AD3d 1428 (4th Dept. 2015) - sometimes the most interesting part of a decision is the dissent: "Whalen, J. (dissenting). I respectfully dissent because I disagree with...
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WORKING WITH VETERANS WITH HOFSTRA UNIVERSITY
Hofstra University Law School sponsors Veterans clinics at least once a year.From http://jmpattorney.blogspot.com/
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