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NEW RULES -2018
Each new year brings new state laws and here is a list of them:https://www.nysenate.gov/newsroom/press-releases/john-defrancisco/new-state-laws-taking-effect-2018From http://jmpattorney.blogspot.com/
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ATTORNEYS AND ELDER ABUSE
Almost all of the last decisions of the 2nd Department in 2017 dealt with attorney discipline. One stood out, however, was the case of the attorney, who after being appointed a successor guardian of an...
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CLOSED DUE TO SNOW
And for those cases scheduled to be heard before me today at 2pm Nassau County District Court, a new date will be scheduled.From http://jmpattorney.blogspot.com/
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DIVORCE MONTH
For some time, January has unofficially been dubbed Divorce Month as the courts see a spike in divorce filings right after the new year. While it is true that people don’t want to get divorced during...
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PRO BONO OPPORTUNITIES IN NASSAU COUNTY
There are many Pro Bono & volunteer opportunities available through the Nassau County Bar Association and I am thankful that I will be participating in two of them today: the Landlord/Tenant...
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COMMERCIAL FORECLOSURE - COMMERCIAL LEASE ENTERED AFTER NOTICE OF PENDENCY
BH 2628, LLC v. ZULLY'S BUBBLES LAUNDROMAT, INC., 2017 NY Slip Op 27319 - NY: Appellate Term, 2nd Dept. 2017:"In this summary proceeding commenced pursuant to RPAPL 713 (5) by a purchaser in...
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UNEMPLOYMENT INSURANCE - TEACHERS AND ASSURANCE OF EMPLOYMENT
MATTER OF PAPAPIETRO v. ROCHESTER CITY SCHOOL DISTRICT, 2017 NY Slip Op 8596 - NY: Appellate Div., 3rd Dept. 2017:"..."Pursuant to Labor Law § 590 (10), a claimant who is employed in an instructional...
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ON ELECTRONIC SIGNATURES
Here is an interesting situation involving the Electronic Signatures and Records Act.SOLARTECH RENEWABLES, LLC v. Vitti, 2017 NY Slip Op 8574 - NY: Appellate Div., 3rd Dept. 2017: "......Defendant is...
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GETTING BACK ENGAGEMENT RINGS - A BREAK UP STORY
So when there is a break up ad no marriage, many things can go awry. Here is an interesting case (although from 4 years ago is one of the more recent decisions) where the question was - is it an...
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UNEMPLOYMENT INSURANCE - VOLUNTARY SEPARATION BECAUSE NEW YORK IS TOO EXPENSIVE
In this case, the reason for quitting turned out not to be just because "the rent is too high". Mailed and Filed: AUGUST 17, 2017, IN THE MATTER OF: Appeal Board No. 595502:"FINDINGS OF FACT: The...
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CHILD SUPPORT - GOING OVER THE CAP
Arthur v. Arthur, 2017 NY Slip Op 1608 - NY: Appellate Div., 3rd Dept. 2017: "Because the parties' combined incomes slightly exceeded the statutory cap of $141,000 (see Domestic Relations Law § 240...
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FREE SENIOR LAW CLINIC TODAY
The next Senior Clinic is scheduled for today 9:30-11am at the Nassau County Bar Association, 15th and West Streets, Mineola, NY 11501.I will be one of the volunteer lawyers.From...
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MORTGAGE FORECLOSURE - SUMMARY JUDGMENT DENIED FOR FAILURE TO FOLLOW EVIDENCE...
Bank of N.Y. Mellon v Zavolunov, 2018 NY Slip Op 00271, Decided on January 17, 2018, Appellate Division, Second Department:"Here, the plaintiff failed to establish, prima facie, that it complied with...
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FREE MORTGAGE FORECLOSURE CLINIC TODAY
I will be volunteering today at the Nassau County Bar Association's free clinic for Mortgage Foreclosure, Bankruptcy and Superstorm Sandy issues, from 3pm to 6pm.For more information, contact Nassau...
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CHANGING ADDRESS ON YOUR DRIVERS LICENSE
New York Vehicle and Traffic Law § 505 (5) provides:"Change of address. It shall be the duty of every licensee to notify the commissioner in writing of any change of residence of such licensee within...
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NEW ONLINE FEATURES FOR PART 36 APPOINTEES
The Fiduciary Online system has been updated to allow Part 36 appointees to submit Online UCS-872 Notices of Appointment and Certifications of Compliance, replacing paper forms. This new feature...
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FRAUD IN MORTGAGE REFINANCING?
Countrywide Home Loans, Inc. v Gibson, 2018 NY Slip Op 00404, Decided on January 24, 2018, Appellate Division, Second Department:"In 2004, the defendant Brett Jones borrowed the sum of $337,455 from...
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WAIVING IMPROPER SERVICE DEFENSE
Deutsche Bank Natl. Trust Co. v Acevedo, 2018 NY Slip Op 00407, Decided on January 24, 2018, Appellate Division, Second Department:"[A]n objection that the summons and complaint . . . was not properly...
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MORTGAGE FORECLOSURE - STILL NEED PROPER PROOF
First Franklin Fin. Corp. v Alfau, 2018 NY Slip Op 00409 ,Decided on January 24, 2018, Appellate Division, Second Department:"Nevertheless, the plaintiff failed to submit the requisite proof of the...
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ATTORNEY CLIENT PRIVILEGE NOT WAIVED BY THIRD-PARTY PRESENCE
Saint Annes Dev. Co. v Russ, 2018 NY Slip Op 00451, Decided on January 24, 2018, Appellate Division, Second Department:"The plaintiff objected to certain of the defendants' discovery requests on the...
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