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THINGS NOT TO DO IN COURT
Fortunately, it appears that no one was seriously injured but: see http://www.theguardian.com/world/2016/apr/12/police-officer-accidentally-explodes-grenade-in-pakistan-courtFrom...
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FREE MORTGAGE FORECLOSURE CLINIC TODAY
Today at Nassau County Bar Association. I will be one of the volunteer attorneys.For more information, see http://www.nassaubar.us/hopp/clinic_flyer/April%202016%20-%20ENGLISH.pdfFrom...
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THE OTHER SIDE OF REVERSE MORTGAGES
I had several consultations yesterday which demonstrated the down side of these types of loans. This article is from the Consumer Financial Protection...
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WHEN YOU ENTER INTO A STIPULATION OF SETTLEMENT
D'Iorio v D'Iorio 2016 NY Slip Op 00148 Decided on January 13, 2016 Appellate Division, Second Department:"The court, however, properly declined to direct the plaintiff to maintain life insurance in...
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NO MAINTENANCE IN LONG TERM MARRIAGE
Yes that is from a real movie and this is from a real case. Even though the marriage lasted for almost 40 years, there are some circumstances where maintenance will not be awarded (here I would assume...
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NEW YORK: NON RESIDENT NY ATTORNEYS MUST STILL MAINTAIN OFFICE IN NY
Section 470 of the Judiciary Law mandates that a nonresident attorney maintain an “office for the transaction of business” within the state of New York. Last week, in Schoenefeld v. Schneiderman, the...
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GRANDPARENT RIGHTS TO VISITATION
Grandparent alienation is real but not every case is black and white. The facts in the following case sadly describes the complete deterioration of a family. In short, mother and father are not living...
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IMPUTING INCOME IN CHILD SUPPORT
Compare these two cases:Matter of Taylor v Benedict 2016 NY Slip Op 00803 Decided on February 5, 2016 Appellate Division, Fourth Department:" At the hearing, the father testified that he was currently...
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WHY YOU SHOULD HAVE A WILL - A LESSON FROM PRINCE DID NOT
If you are a resident in New York, the small estate administration is still a procedure (especially if there is an issue with heirs) and is only available if: If the decedent (the person who died)...
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UNDERGROUND OIL TANKS
This is what home owners and home buyers wish to avoid. For full story, see http://www.nj.com/mercer/index.ssf/2009/10/tank_removal_project_leads_to.htmlMy view for best practice for home resales, the...
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CHILD CUSTODY - ON DEALING WITH THE FORENSIC REPORT
Straus v. Strauss, 2016 NY Slip Op 634 - NY: Appellate Div., 1st Dept. 2016:The motion court properly denied plaintiff's motion to exclude the forensic report. Frye v United States (293 F 1013 [DC...
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CAN OVERPAYMENT OF CHILD SUPPORT PAYMENTS BE RECOUPED?
In limited circumstances, yes. Weidner v. Weidner, 2016 NY Slip Op 1102 - NY: Appellate Div., 4th Dept. 2016:".....we further agree with defendant that she is entitled to recoupment of her child...
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CONGRATULATIONS TO JONATHAN PRESS
Last night, Jon was awarded the Thomas Maligno Pro Bono Attorney of the Year Awardfrom the Nassau County Bar Association.From an earlier press release:"The Nassau County Bar Association, the source for...
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VISITATION ISSUES WITH DRUGS AND MENTAL HEALTH
Matter of Waite v Clancy 2016 NY Slip Op 00793 Decided on February 5, 2016 Appellate Division, Fourth Department:"Memorandum: Respondent mother appeals from an order that awarded petitioner father sole...
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ON ATTORNEY RATINGS
This is the age of ratings. Of the two largest I know, I rank very high:Avvo: https://www.avvo.com/attorneys/11756-ny-jon-probstein-808277.htmlMartindale-Hubbell:...
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TUESDAY - FREE LEGAL CONSULTATION FOR VETS
The Suffolk Pro Bono Project, the Suffolk County Bar Association and the Suffolk Pro Bono Foundation are sponsoring an event for Suffolk veterans and their dependent family members.Volunteers for Vets...
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DIVORCE - ADD ON CHILD EXPENSES
Michael J.D. v Carolina E.P. 2016 NY Slip Op 01252 Decided on February 18, 2016 Appellate Division, First Department:" Where the court determines, having regard for the circumstances of the case and of...
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SUPERVISED VISITATION - SELECTING THE SUPERVISOR
I would imagine in this case, without knowing the facts as they are not set forth in the opinion, that it was difficult for the father to have meaningful supervised visitation with the children when...
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CHILD CUSTODY - WHEN CHILDREN BECOME TEENAGERS
Matter of Solomon v Mellion 2016 NY Slip Op 01190 Decided on February 17, 2016 Appellate Division, Second Department:"Here, considering the totality of the circumstances, including the express wishes...
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