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WHEN DIVORCED PARENTS DO NOT AGREE ON ADHD TREATMENT
A few years ago the New York Times reported that "the zeal to find and treat every A.D.H.D. child has led to too many people with scant symptoms receiving the diagnosis and medication. The disorder is...
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ACTIONS AGAINST UNLICENSED CONTRACTORS
The rules differ somewhat in the First and Second Department. This was discussed recently in MATTER OF MacNAMARA v. Edwards, 2016 NY Slip Op 32199 - NY: Supreme Court 2016:"The established law of the...
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LAW - SOME HISTORY
In February 1840, former President John Quincy Adams began his oral arguments in front of the U.S. Supreme Court in United States v. Amistad.Adams spoke to the court highlighting that it was a part of...
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TENANTS LIVING IN PREMISES THAT ARE BEING FORECLOSED
This is from the New York Courts website:"When the plaintiff starts a foreclosure case against the owner of your home, the law says that the plaintiff must tell the tenants within 10 days. You may find...
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A DISCUSSION ON THE RIGHT OF PARTITION
ZARBIS v. TRIADES, 2015 NY Slip Op 30317 - NY: Supreme Court 2015:"The ancient remedies of actual partition, and of partition and sale are premised in equity and are now codified in Article 9 of the...
View ArticleON THE COMMERCIAL DIVISION OF NEW YORK STATE SUPREME COURT
"A Forum for Business Disputes: The Commercial Division of the Supreme Court of the State of New York" - Chief Judge DiFiore and a number of other Judges, lawyers and General Counsel of major...
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PREPARING FOR AN UNEMPLOYMENT INSURANCE HEARING
The New York State Unemployment Insurance Appeal Board has released a video: "Preparing for Your Unemployment Insurance Hearing"See...
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CHILD CUSTODY - TEENAGER'S PREFERENCE NOT CONTROLLING
MATTER OF MANELL v. MANELL, 2017 NY Slip Op 224 - NY: Appellate Div., 3rd Dept. 2017, where the child in question was the parties' 14/15 year old son:"The father asserts that the child wishes to live...
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IS IT WASHINGTON'S DAY OR PRESIDENTS' DAY?
The Uniform Monday Holiday Act (Pub.L. 90–363) is an Act of Congress that amended the federal holiday provisions of the United States Code to establish the observance of certain holidays on Mondays....
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CHILD CUSTODY - RELOCATION FROM ONE END OF LONG ISLAND TO THE OTHER
Many people in the New York metropolitan area colloquially refer to Long Island (the Nassau–Suffolk county area) as The Island. But The Island is the 11th largest island in the United States and the...
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UNEMPLOYMENT INSURANCE - FROM THE COURT OF APPEALS
MATTER OF YOGA VIDA NYC, INC. v. Commissioner of Labor, 2016 NY Slip Op 6940 - NY: Court of Appeals 2016:"The order of the Appellate Division should be reversed, with costs, and the matter remitted to...
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UNEMPLOYMENT INSURANCE - DISSENTING VIEW FROM THE COURT OF APPEALS
"FAHEY, J. (dissenting).I disagree with the majority's conclusion that the determination of the Unemployment Insurance Appeal Board (the Board) is not supported by substantial evidence. Whether an...
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CHILD CUSTODY - THE DANGERS OF RELOCATING WITHOUT COURT ORDER
MATTER OF GOODMAN v. Jones, 2017 NY Slip Op 305 - NY: Appellate Div., 2nd Dept. 2017:"The father and the mother, who never married, have one child in common, born in 2012. The parties had been living...
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MORTGAGE FORECLOSURE CLINIC TODAY
I will be volunteering today, Monday February 27, at the Nassau County Bar Association's free clinic for Mortgage Foreclosure, Bankruptcy and Superstorm Sandy issues, from 3pm to 6pm.For more...
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DIVORCE - ARE ASSETS IN TRUST SUBJECT TO EQUITABLE DISTRIBUTION
Markowitz v. Markowitz, 2017 NY Slip Op 296 - NY: Appellate Div., 2nd Dept. 2017:"The defendant correctly contends that the Supreme Court erred in awarding the plaintiff the cash surrender value of the...
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CHILD SUPPORT - DISCRETION IN IMPUTING INCOME
MATTER OF BARMOHA v. EISAYEV, 2017 NY Slip Op 463 - NY: Appellate Div., 2nd Dept. 2017:"In support proceedings, the support magistrate is required to begin the support calculation with the parent's...
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WHEN PARENTS ABUSE THE COURT SYSTEM
MATTER OF SCOTT v. Powell, 2017 NY Slip Op 476 - NY: Appellate Div., 2nd Dept. 2017:"Moreover, the Family Court providently exercised its discretion in dismissing the father's separate violation...
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CAN ADOPTED CHILDREN INHERIT FROM THEIR BIOLOGICAL FAMILY?
Matter of Murphy, 843 NE 2d 140 - NY: Court of Appeals 2005:"The appeal before us involves the interplay of EPTL 3-3.3 and Domestic Relations Law § 117 (2). EPTL 3-3.3, the anti-lapse statute, provides...
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