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CHILD CUSTODY - GAY LIFESTYLE VERSUS RELIGION CLAUSE IN STIPULATION
In Weisberger v Weisberger, 2017 NY Slip Op 06212, Decided on August 16, 2017, Appellate Division, Second Department, the parties divorced after Father was told by Mother that she was gay. There were...
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OUT OF STATE HOSPITAL RECORDS
On August 21, Governor Cuomo signed into law S2058, an act to amend Subdivision (c) of Rule 4518 of the Civil Practice Law and Rules to simplify the procedures by which hospital records located outside...
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DETERMINING INCOME IN DIVORCE - ACTUAL FINANCIAL CONDITION VERSUS ABILITY TO...
Volkerick v Volkerick 2017 NY Slip Op 06316 Decided on August 23, 2017 Appellate Division, Second Department:"The defendant's contention that the Supreme Court erred by imputing an income to him of...
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MIRANDA WARNINGS IN BUILDING VIOLATIONS
People v. Gray, 2017 NY Slip Op 27204 - NY: Village Justice Court 2017:"In addition, the court now holds in a second point of first impression that when a building inspector has made a determination to...
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OPENING DEFAULT FOR LACK OF SERVICE
US Bank N.A. v Ramos, 2017 NY Slip Op 06315, Decided on August 23, 2017, Appellate Division, Second Department:""Ordinarily, a process server's affidavit of service establishes a prima facie case as to...
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OPENING DEFAULT- UNEMPLOYMENT INSURANCE APPEAL
MATTER OF BROWNE v. BOCES, 2017 NY Slip Op 6126 - NY: Appellate Div., 3rd Dept. 2017:""[A] case may be reopened following a default upon a showing of good cause if such request is made within a...
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ARE ATTORNEY FEES EXPENSES UNDER CPLR 3220
Saul v Cahan 2017 NY Slip Op 06391 Decided on August 30, 2017 Appellate Division, Second Department:"...The plaintiff asserted causes of action alleging breach of fiduciary duty, breach of contract,...
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CAN AN INHERITANCE CHANGE A MAINTENANCE ORDER?
Schwartz v Schwartz 2017 NY Slip Op 06392 Decided on August 30, 2017 Appellate Division, Second Department:"The parties divorced in 2008. Pursuant to the judgment of divorce, the defendant was required...
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NYSBA V. AVVO
The New York State Bar Association, Committee on Professional Ethics, issued Opinion 1132 on August 8, 2017 stating that a lawyer may not pay the current marketing fee to participate in Avvo Legal...
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NO "AID-IN-DYING" IN NEW YORK
Sara Myers et al. v. Eric Schneiderman et al., NYS Court of Appeals, Opinion 77, September 7, 2017:"Plaintiffs ask us to declare a constitutional right to "aid-in-dying," which they define (and we...
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UNEMPLOYMENT INSURANCE - A DOCILE EMPLOYEE?
Mailed and Filed: AUGUST 22, 2017, IN THE MATTER OF: Appeal Board No. 596410:"The claimant worked for a hospital for over 18 years, ending in the position of unit receptionist in the Emergency Room....
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NEW RULES - ACCESS TO HEALTH RECORDS
On September 13, Governor Cuomo signed into law legislation amending the public health law and mental hygiene law to prohibit a charge from being imposed for providing, releasing, or delivering medical...
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PRO BONO WORK IN LONG ISLAND
This morning, I will be a pro bono volunteer in landlord/tenant court in Nassau County. Nassau/Suffolk Law Services operates a nationally lauded pro bono program with the Bar Association of Nassau...
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SALARY HISTORY AND JOB APPLICATIONS IN NYC
Effective November 1, Section 8-107 of the administrative code of the city of New York is amended by adding a new subdivision 25 prohibiting employers from inquiring about or relying on a prospective...
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