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TO UI CLAIMANTS FROM THE DOL
"Dear claimant:As you may have seen reported, New York State has applied for the Lost Wages Assistance (LWA) program to provide enhanced unemployment benefits to New Yorkers. While we await FEMA...
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ADR FOR DIVORCE IN LONG ISLAND
As noted recently in NYLJ (Mediation in the Pandemic By Abby Tolchinsky and Ellie Wertheim | August 18, 2020) : "New York Supreme Courts are now instituting presumptive mediation programs for...
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COVID-19 RESOURCES FOR NASSAU COUNTY RESIDENTS AND SMALL BUSINESS
The Nassau County Bar Association has compiled information from local courts, state courts, CDC, and additional resources to keep you updated and informed in this pandemic times.See NCBA Covid-19...
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JURISDICTION, CHOICE OF LAW AND THE GENERAL OBLIGATIONS LAW
SETTER CAPITAL, INC. v. CHATEAUVERT, 2020 NY Slip Op 20199 - NY: Supreme Court July 15, 2020:"As a threshold issue, there is a question as to whether this court has jurisdiction over defendant, a...
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EMPLOYMENT DISCRIMINATION: SEVERANCE RELEASE FRAUDULENTLY INDUCED
Evans v. Bloomberg LP, NYLJ August 13, 2020, Date filed: 2020-07-31, Court: Supreme Court, New York, Judge: Justice Lucy Billings, Case Number: 160707/2019 (emphasis supplied)"I. INTRODUCTION In this...
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FOR COLLEGE STUDENTS AND THEIR FAMILIES - FERPA
The Family Educational Rights and Privacy Act (FERPA) is a Federal law that is administered by the Family Policy Compliance Office (Office) in the U.S. Department of Education (Department). 20 U.S.C. §...
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CONSTRUCTIVE TRUST ON REAL PROPERTY
In this matter, the defendant holds title to the home and plaintiff resides in the home. Defendant sought to evict plaintiff in Housing Court. Plaintiff brings this action to impose a constructive...
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DETERMINING RESIDENTIAL CUSTODY BY OVERNIGHTS
For this court in the Second Department, when the parenting time is joint and shared, the parent who spends more overnights with the children is deemed the custodial parent for child support...
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DOMESTIC VIOLENCE AND EQUITABLE DISTRIBUTION
A note on this case: a victim of domestic violence can often feel that the abuser continues the abuse by "dragging the case". This action was commenced in 2009. It finally reached a judgment in 2015....
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HETPA
In order to reduce home equity fraud, the Home Equity Theft Prevention Act (HETPA, NY RPL §265-a) was passed on July 26, 2006 and it provides homeowners of residential property with information and...
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DAMAGES FOR FAILURE TO RETURN RESIDENTIAL SECURITY DEPOSIT
Smith v. Morgan Webster Manor LLC, NYLJ September 02, 2020, Date filed: 2020-08-19, Court: Town Justice Court, Monroe, Judge: Town Justice Thomas DiSalvo, Case Number: 2003002:"Facts of the...
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LANDLORD HARASSMENT IN NYC
Butler v. Thomas , NYLJ August 26, 2020, Date filed: 2020-08-19, Court: Civil Court, Kings, Judge: Judge Zhuo Wang, Case Number: 989/20-KI:"“The owner of a dwelling shall not harass any tenants or...
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"NAIL AND MAIL" NOT PROPER
Matter of Robinson, NYLJ September 03, 2020 , Date filed: 2020-08-25, Court: Supreme Court, Kings, Judge: Justice Leon Ruchelsman, Case Number: 100226/2019:"It is well settled that pursuant to CPLR...
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FATHER FILES PATERNITY PROCEEDING FOR CHILD BORN TO MARRIED COUPLE
Matter of K.B. v R.S., 2020 NY Slip Op 50958(U), Decided on August 18, 2020, Family Court, Onondaga County, Hanuszczak, J.:"On December 23, 2019, Petitioner K.B. filed a petition seeking to be...
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DOMESTIC VIOLENCE (ABUSIVE RELATIONSHIP) IN SAME SEX MARRIAGE
In this case, the court begins as follows:"The relationship between the parties evidences a classic, unequal power dynamic which is the hallmark of abusive relationships. The parties met in 1989 when...
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THERE WILL BE SANCTIONS
Jessica T. v. Kieth T., NYLJ September 11, 2020, Date filed: 2020-06-12, Court: Supreme Court, Suffolk, Judge: Justice Patrick Leis, III, Case Number: 33914/2013:"Similarly, this Court has the...
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MASKS AND COURT - A PERSONAL EXPERIENCE
Yesterday I was in court in Nassau County on a matter. The building seemed quite empty, the floors were quiet and although it seemed like things moved very slowly, eventually you become used to it.From...
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FOR RESIDENTIAL TENANTS AND COVID - THE MORATORIUM
There is no law, program, grant, etc. offering rent forgiveness. But....On September 1st, the Centers for Disease Control (CDC) announced a national eviction moratorium for virtually all tenants in the...
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NEW RULES - UNIFORM PARTITION OF HEIRS PROPERTY ACT
On December 6, 2019, Governor Andrew Cuomo signed into law New York’s version of the Uniform Partition of Heirs Property Act (UPHPA) (RPAPL §993). As the bill noted:"As a general rule under current New...
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