UNEMPLOYMENT INSURANCE CLASSIFICATION OF EMPLOYEE - PART 1
Mailed and Filed: DECEMBER 23, 2016 IN THE MATTER OF: Appeal Board No. 585930:OPINION: The credible evidence establishes that the company herein exercised sufficient direction, supervision and control...
View ArticleUNEMPLOYMENT INSURANCE CLASSIFICATION OF EMPLOYEE - PART 2
The Appeal Board case posted yesterday was reversed. MATTER OF TMR SECURITY CONSULTANTS, INC. v. Commissioner of Labor, 2016 NY Slip Op 8922 - NY: Appellate Div., 3rd Dept. 2016 - and note the footnote...
View ArticleUNEMPLOYMENT INSURANCE - VOLUNTARY SEPARATION OR NOT - PART 1
Mailed and Filed: APRIL 01, 2015IN THE MATTER OF: Appeal Board No. 584131:OPINION: The credible evidence establishes that the claimant was separated from his employment on April 28, 2014. The evidence...
View ArticleUNEMPLOYMENT INSURANCE - VOLUNTARY SEPARATION OR NOT - PART 2
The Appeal Board decision posted yesterday was reversed by the 3rd Department. MATTER OF GILL, 2016 NY Slip Op 8140 - NY: Appellate Div., 3rd Dept. 2016:"Claimant initially worked for the employer as a...
View ArticlePUBLIC ACCOMMODATION EXEMPTIONS
The Americans with Disabilities Act (ADA) provides guidelines for what is necessary for organizations to provide accommodation to individuals with disabilities. While private clubs,religious entities...
View ArticleNEW YORK "COURT HELP"
See https://www.nycourts.gov/courthelp/From http://jmpattorney.blogspot.com/
View ArticleSERVICE BY FACEBOOK NOT OK
QAZA v. HAZZA ALSHALABI, 2016 NY Slip Op 26402 - NY: Supreme Court 2016:"It is well established the CPLR 308(5) vests a court with the discretion to direct an alternative method of service of process...
View ArticleVERIFICATION OF MILITARY SERVICE
The Defense Manpower Data Center's (DMDC) Military Verification service can be used to verify if someone is currently serving in the military.Information needed includes the Social Security Number and...
View ArticleMORTGAGE FORECLOSURE CLINIC
I will be volunteering today, Monday January 23, at the Nassau County Bar Association's free clinic for Mortgage Foreclosure, Bankruptcy and Superstorm Sandy issues, from 3pm to 6pm.For more...
View ArticleILLEGAL COMMERCIAL LEASES
JACK KELLY PARTNERS LLC v. ZEGELSTEIN, 2014 NY Slip Op 33673 - NY: Supreme Court 2014:"It is well settled that a mere lack of certificate of occupancy for the use contemplated by a lease agreement does...
View ArticleMENTAL HEALTH AND ATTORNEYS
Around this time last year, an article was published in the Journal of Addiction Medicine regarding a study designed "to measure the prevalence of substance use and mental health concerns among...
View ArticleLENGTH OF MARRIAGE OR LENGTH OF RELATIONSHIP - POST DIVORCE MAINTENANCE
Under DRL 236-B, the duration of post-divorce maintenance can be determined by an advisory durational formula directly linked to the "length of marriage" which is defined as running from the date of...
View ArticleON USED CARS - THE FEDERAL RULES
The Used Car Rule, formally known as the Used Motor Vehicle Trade Regulation Rule, has been in effect since 1985. It requires car dealers to display a window sticker, known as a Buyers Guide, on the...
View ArticleON USED CARS - NEW YORK STATE RULES
As a general rule, New York's Used Car Lemon Law provides a legal remedy for buyers or lessees of used cars that turn out to be lemons. The law requires dealers to give you a written warranty. Under...
View ArticlePROTECTING THE RIGHT TO COMPLAIN
On December 14, 2016, President Obama signed into effect the “Consumer Review Fairness Act of 2016” (the “Act”), making it more difficult for businesses to bring lawsuits over negative reviews.From the...
View ArticleSMALL CLAIMS COURT NOT AVAILABLE DUE TO FEDERAL ARBITRATION LAW
Johnson v. ACE HOME INSPECTIONS OF UPSTATE NEW YORK, 2017 NY Slip Op 50075 - NY: City Court 2017:"This matter arises out of the Court's small claims jurisdiction (Uniform City Court Act § 1802). On...
View ArticleDOMESTIC VIOLENCE - NEW TOOL IN SUFFOLK COUNTY
Newsday reports:"Victims of domestic violence seeking temporary orders of protection in Suffolk can submit requests electronically and speak to judges via video conference under a new program,...
View ArticleMORTGAGE FORECLOSURE CLINIC TODAY
Today, Newsday reports: "A network of housing agencies and legal groups that has helped more than 20,000 Long Islanders facing foreclosure is pushing to get funding for its work included in next year’s...
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