Clik here to view.
THE "NO SELFIE" ELECTION LAW
The law is statutory and can be found in the New York Election Law: "ARTICLE 17 VIOLATIONS OF THE ELECTIVE FRANCHISESec. 17-130. Misdemeanor in relation to elections Any person who:..... 10. Shows...
View ArticleClik here to view.
CPLR 321 (C) AUTOMATIC STAY
CPLR 321 (c): provides:"Death, removal or disability of attorney. If an attorney dies, becomes physically or mentally incapacitated, or is removed, suspended or otherwise becomes disabled at any time...
View ArticleClik here to view.
FREE FORECLOSURE CLINIC TODAY
Today at Nassau County Bar Association. I will be one of the volunteer attorneys. From http://jmpattorney.blogspot.com/
View ArticleClik here to view.
Clik here to view.
BASIC STANDARDS IN CHILD CUSTODY
MATTER OF SCHULTHEIS v. Schultheis, 2016 NY Slip Op 5648 - NY: Appellate Div., 2nd Dept. 2016:"The parties were married in 1996 and have two children. The family lived together until December 2014,...
View ArticleClik here to view.
Clik here to view.
ADOPTED CHILD (UNDER 21) CAN SUE ADOPTIVE PARENT FOR CHILD SUPPORT
A few years back, news was made when a Lincoln Park, N.J, high school student filed a lawsuit against her parents seeking living expenses and tuition for private high school and college.In MATTER OF...
View ArticleClik here to view.
THE ELEMENTS OF CIVIL CONTEMPT
Dotzler v. Buono, 2016 NY Slip Op 7433 - NY: Appellate Div., 4th Dept. 2016:"A finding of civil contempt must be supported by four elements: (1) "a lawful order of the court, clearly expressing an...
View ArticlePLEASE EXCUSE MAIL DELAY
Server issues exist for next two day but I can also be reached at jmpattorney@gmail.comFrom http://jmpattorney.blogspot.com/
View ArticleClik here to view.
MODIFICATION OF CUSTODY WHEN SIBLINGS ARE INVOLVED
In Cook v. Cook, 2016 NY Slip Op 5743 - NY: Appellate Div., 2nd Dept. 2016, the children were around 12 and 9 at the time of the hearing:"A party seeking the modification of an existing court-ordered...
View ArticleClik here to view.
IS CUSTODY SHARED OR NOT
MATTER OF TM v. JK, 2016 NY Slip Op 26315 - NY: Family Court 2016:"......Respondent's basic visitation schedule consisted of three weekends per month, one night during the week (as agreed), and...
View ArticleClik here to view.
IS CUSTODY SHARED OR NOT
MATTER OF MITCHELL v. Mitchell, 134 AD 3d 1213 - NY: Appellate Div., 3rd Dept. 2015:"Initially, we reject the father's argument that Family Court should have determined that he was the child's...
View ArticleClik here to view.
COLLECTING RENT ON AN ILLEGAL APARTMENT
LISPENARD STUDIO CORP. v. Loeb, 2016 NY Slip Op 30945 - NY: City Court, Civil Court 2016:"A substantial body of law supports the proposition that MDL §302 rent forfeiture provisions do not apply if the...
View ArticleClik here to view.
HAPPY THANKSGIVING
From the National Archives:"On September 28, 1789, just before leaving for recess, the first Federal Congress passed a resolution asking that the President of the United States recommend to the nation...
View ArticleClik here to view.
DIVORCE - VACATING A DEFAULT
This can arise in various situations in a matrimonial matter e.g. failure to file an answer or a motion. The policy of the courts has been recently set forth in FLORESTAL v. COLEMAN-FLORESTAL, 2016 NY...
View ArticleClik here to view.
FAMILY LAW - MENTAL ILLNESS AND REMOVAL OF CHILD
MATTER OF GAVIN S., 2016 NY Slip Op 51234 - NY: Family Court 2016:"FCA §1027 provides that if, after a hearing, "the court finds that removal is necessary to avoid imminent risk to the child's life or...
View ArticleClik here to view.
WHAT IS BAD FAITH IN FORECLOSURE SETTLEMENT CONFERENCES
M&T BANK v. ARCATE, 2016 NY Slip Op 32201 - NY: Supreme Court 2016:"CPLR 3408 mandates that the court hold a settlement conference in a residential foreclosure action. The statute requires that the...
View ArticleClik here to view.
ALERT TO NEW YORK ATTORNEYS RE: SCAM
From the New York State Attorney General's Office:News from Attorney General Eric T. SchneidermanFOR IMMEDIATE RELEASE November 30, 2016New York City Press Office / 212-416-8060 Albany Press Office /...
View ArticleClik here to view.
A MOST UNUSUAL CUSTODY CASE
In this matter, the court stated:"This case is unlike even the most horrendous cases of abuse and neglect that Family Court Judges must preside over. In most of these cases, the parent's behavior is...
View ArticleClik here to view.
WHEN BUYING A HOME
Consider, in addition to your regular pre-contract inspection, a C. L. U. E. report.From Bankrate.com"A home's CLUE loss history report provides insurance company names and policy numbers and any claim...
View Article