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FOR THOSE IN OHIO - A BLOG ON FAMILY LAW

I checked out this blog and although it mainly concerns itself with family law issues in Ohio, there are words of wisdom for New Yorkers too.Check it out: http://www.ohiofamilylawblogspot.com/From...

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GETTING A DIVORCE WHEN YOU NEVER HAD A MARRIAGE LICENSE

Devorah H. v Steven S. 2015 NY Slip Op 25228 Decided on July 2, 2015 Supreme Court, New York County Cooper, J :"In the over 100 years since the enactment of DRL § 25, the way citizens marry in New York...

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CAN YOU REFUSE TO SERVE PREGNANT WOMAN ALCOHOL?

Not in NYC! Under Local Law No. 78 (2013); N.Y.C. Admin. Code § 8-107(22):"22. Employment; Pregnancy, childbirth, or a related medical condition. (a) It shall be an unlawful discriminatory practice for...

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RELOCATION CASE

Is it easier to obtain court approval after relocation rather than before? In MATTER OF NAIREN McI. v. CINDY J., 2016 NY Slip Op 2516 - NY: Appellate Div., 1st Dept. 2016, it appears that the...

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THERE ARE SIX TYPES OF LAWYER MOVIES

 According to ABA Journal, there are 6 types. Find out more at: http://www.abajournal.com/magazine/article/6_lawyer_movie_tropesFrom http://jmpattorney.blogspot.com/

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FEDERAL EXPUNGEMENT LIMITED SAYS SECOND CIRCUIT

In Doe v. United States (Second Circuit, August 11, 2016, Docket Number: 15-1967), at issue was whether the district court acted within its authority when it expunged the conviction of a woman...

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MARITAL DEBT - EQUALLY SHARED OR EQUITABLY DISTRIBUTED OR SEPARATE LIABILITY

Wagner v. Wagner, 2016 NY Slip Op 847 - NY: Appellate Div., 4th Dept. 2016:"We reject defendant's contention that Supreme Court abused its discretion in determining that the parties' credit card debt...

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BOATING WHILE INTOXICATED IN NEW YORK

"Governor Andrew M. Cuomo today (August 16, 2016) signed “Tiffany Heitkamp’s” Law, legislation that strengthens penalties for boating while intoxicated offenses by linking them to prior drinking while...

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THE INTERN

 A recent article in the New York Law Journal discusses the controversy over New York State Bar Association Committee on Professional Ethics Opinion 1090 (3/31/2016) which concluded:"A law firm may...

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OLD FIRMS NEVER DIE

 Probstein, Napolitano & Weiner...Probstein & Weiner....Probstein, Weiner & Hodgson...Probstein, Weiner & ButlerAnd now Gerald Weiner is "retiring"....friends since 1983.From...

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WAITING FOR BUILDING PERMITS ON LONG ISLAND

If it seems like a long wait, according to Trulia, it is a long wait. In a report updated on July 19, entitled "Is Your Town Building Enough Housing?", the average months for building approval in...

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MENTAL HEALTH AND LAWYERS - LAW SCHOOL STUDENTS

This issue was posted before but concerns about mental health and lawyers also exist in law school.In the following article, someone writes about two suicides at the same law...

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TWO YEAR RESIDENCY AND NO-FAULT DIVORCE

Domestic Relations Law § 230 requires that one of the parties reside continuously in New York State for two years, or continuously for one year if other conditions are met including that the “cause of...

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A DIFFERENT VIEW ON RELOCATION

About two weeks ago, this blog reported on a case, MATTER OF NAIREN McI. v. CINDY J., 2016 NY Slip Op 2516 - NY: Appellate Div., 1st Dept. 2016, in which it appeared that the relocation took place some...

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IT'S DIVORCE SEASON?

According to Credit.com, "new research from two University of Washington sociologists shows that divorce-filing rates peak in August, right after summer vacations" (research was based on divorce...

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CORRECTING A BIRTH CERTIFCATE MISTAKE VERSUS CHANGING YOUR NAME

From NY Courts website:"You may not need a court order if you only want to correct a "mistake" on your birth certificate.An example of a "mistake" is correcting Dauid to David. This requires written...

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THE DECISION ON CUSTODY/VISITATION ON SAME SEX/PARTNER PARENTS

No. 91 - 92 The Matter of Brooke v. Elizabeth A.,The Matter of Estrellita A. v. Jennifer L.D., August 30, 2016, New York Court of Appeals: "These two cases call upon us to assess the continued vitality...

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ONE WAY TO PREVENT IDENTITY THEFT

Put a fraud alert on your credit reports through Experian. As they state:"Add a fraud alert message to your credit report if you suspect that your identification information has been or could be used...

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HAVE A SAFE AND WONDERFUL LABOR DAY WEEKEND

From http://jmpattorney.blogspot.com/

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ON NEW YORK RETALIATORY EVICTION LAW

New York state law (N.Y. Real Prop. Law § 223-b) prohibits landlords from retaliating against tenants. The kinds of retaliatory acts covered include terminating a tenancy or filing an eviction lawsuit;...

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