The Elliot Schlissel New York Law Blog

The Republicans in Congress are challenging the health care law passed in 2010 by President Obama and the Democratic controlled Congress. Question: How does the health care law affect you?

One Million Americans Lose Health Insurance

More Americans Given Healthcare Coverage

Starting in the year 2014, insurance companies will no longer have the ability to reject individuals with preexisting medical conditions or to charge individuals who currently are suffering from illnesses higher premiums for medical insurance.

There are a number of court challenges to the Affordable Health Care Law. Several Federal Judges have set aside the law for various reasons. It will be interesting to see how the Appellate Federal Courts deal with this issue.

New York Wills Lawyers

Elliot S. Schlissel, Esq. is a member of the National Academy of Elder Law Attorneys. He provides his clients with detailed Elder Care legal services involving Medicaid planning, nursing home issues, special needs trusts and issues involving special children. If you have a probate, Wills, Trusts and Estates or Elder Care matter, we are the law firm that can help you. Call us at 1-800-344-6431; 516-561-6645 and 718-350-2802.

Afghanistan is one of the poorest, most backward countries in the world. Women in Afghanistan have rights similar to farm animals. They are pledged to marry at young ages by their fathers. They have virtually no say as to who they marry and where they live. They are subject to being disciplined by their husbands with beatings. In some situations, they become slaves to the husbands family and must listen to the husbands’ mother and serve his family. Sometimes women stuck in these horrendous marriages have no way out.

Instead of Divorce, Afghan Women Immolate Themselves

One of the few items available to women in Afghanistan is cooking oil. There have been a number of recent incidents where women have poured cooking oil over themselves and lit themselves on fire. Can you imagine how terrible one’s life must be before they’re willing to do this terrible act?  Afghani women attempt to end their lives because they cannot deal with their horrendous life situations caused by extremely toxic and violent marriages.

In some cases, the women of Afghanistan are set on fire by their mothers-in-law and/or their husbands. When they come in for treatment to the hospitals, they are forced to lie and tell the physicians that they’ve tried to kill themselves.

A Typical Story

Farzana was engaged to Ajat. She was married at the ripe old age of twelve. When she was seventeen, she set herself on fire. She had endured many years of beatings and abuse from her husband and his family. She poured cooking oil on herself in front of her husband and then set herself on fire. This is a story of desperation. Children forced to marry and made into slaves. Unfortunately, this is the country where American lives are being lost and for what reason?

New York Style Divorce

We assist our clients in obtaining divorces in the metropolitan New York area. Our law office represents our clients in Family Court regarding orders of protection, custody matters, child abuse and child neglect proceedings. When the marriage is one of a short duration and there are no children, we can help our clients obtain annulments. In high net worth situations, we utilize accountants and investigators to assist our law office in representing our clients involved with divorce proceedings. Call us for free consultation at 516-561-6645, 718-350-2802 or 1-800-344-6431.

In March of 2010, Suffolk County deployed a gun shot detection system in the two square-mile area of Huntington. This gun shot detection system uses computerized sound sensors to pick up the sounds of gun shots. The system is designed to establish the location of the origin of the gunshot. It is accurate to within approximately eighty feet. The system sends an alert to the police department of the origin of the gun shots.

A similar system has been utilized in Nassau County. The system in Nassau County has helped in providing of medical care for individuals who have been wounded by gun shots. They also have assisted the police in Nassau County in quickly identifying witnesses and making it easier to find the shooters and arrest them. The gun shot detection system in Nassau County, New York, was installed in Roosevelt and Uniondale, Long Island, in July of 2009. Since the installation of the system in Nassau County, there have been nine-hundred shooting incidents. The system in Nassau County is credited with the reduction of shooting incidents in Roosevelt and Uniondale.

Suffolk County decided to install the gun shot detection system after there was a series of shootings near Jack Abrams High School in Huntington Station. The gunfire involved was thought to have emanated from individuals who were members of the Latin Kings gang. The shootings in July of 2010 resulted in a sixteen-year-old being wounded. It forced the closing of this school. It is hoped that the gun shot detection system installed in Suffolk County will reduce the number of violent crimes utilizing firearms.

Criminal Defense

The Law Offices of Elliot S. Schlissel represents individuals charged with a variety of criminal charges.  We  represent individuals charged with sex crimes, weapons possession, white collar crimes, as well as  all types  of violent criminal behavior. In addition, we assist our clients in driving while intoxicated cases (DWI’s),  juvenile crimes and all types of domestic violence allegations. Feel free to call us at 1-800-344- 6431; 516- 561-6645 or 718-350-2802 for a free consultation.

Are you concerned that either you, a close friend or a loved one has the early stages of Alzheimer’s disease?  What are the signs and symptoms of Alzheimer’s disease? Are your parents just becoming forgetful or do they  have the early symptoms of Alzheimer’s disease? Should you believe that yourself, a friend, a family member  or a loved one is developing Alzheimer’s disease, then you should go to a physician that deals with this  disorder. There are very specific tests a physician can perform to determine whether Alzheimer’s disease is in  its early stages.

The following are a list of symptoms you should look for concerning Alzheimer’s disease:

Memory lapses -Does the senior repeat himself or herself or tell the same story again and again? Are they forgetful concerning names and acquaintances? Is this a problem that is getting worse? Memory problems are one of the first signs of Alzheimer’s disease.

Confusion - Has this individual’s speech patterns changed? Does he or she stumble over their words? Instead of using specific terms, do they instead use terms such as “whatchamacallit”?

Mood changes - Is this individual subject to certain mood changes? Where they were normally assertive, are they now reflective? Is this individual becoming withdrawn or depressed?

Difficulty with common activities - Does this individual seem to have difficulty doing normal daily activities such as cooking, washing, bathing and playing games? Does this individual start projects and fail to complete them?

Disorientation - Does this individual become disoriented in situations where they never had difficulty before? Do they get lost easily or wander around aimlessly?

Misplacing items - Has the individual suddenly started to lose things or misplace items? Does he or she lose track of things such as keys, glasses or telephones?

The aforementioned provides you an overview of many of the problems experienced by individuals who have Alzheimer’s disease. Should you see these problems in a friend, family member or loved one, have them a see a physician to look into whether they are developing Alzheimer’s disease. There are medications that can slow the onslaught of this horrendous disease.

Wills and Trusts Attorneys

The Law Office of Elliot S. Schlissel drafts wills and trusts for our clients. We probate wills and trusts. We litigate contested wills and estate proceedings. We help our clients deal with Medicaid planning and issues involving nursing homes. We deal with estate administration and estate taxation issues. We also draft special needs and trusts, as well as supplemental needs trusts, for our clients. Feel free to call us at 1-800-344-6431; 516-561- 6645 or 718-350-2802 should you need legal assistance.

Brandon Paladino killed his mother-in-law. He was convicted of first-degree manslaughter on October 12, 2010. He is facing up to twenty-five years in prison.

His wife, Dina, recently died. She was the sole survivor of her mother, who was killed by her husband Brandon. The money that Dina was supposed to inherit from her mother would go to Dina’s next of kin, her incarcerated murderer husband, Brandon.

It seems, in this situation, that Brandon will come to benefit from his own criminal conduct. It is estimated that the mother-in-law’s estate is worth in excess of $500,000. At the time of Brandon’s conviction, there were no allegations that his wife Dina was in any way, form or matter associated with the death of her mother.

Criminal Defense Lawyers

We represent individuals charged with or about to be charged with crimes. We assist clients that are under investigation for alleged criminal activity. Our legal representation helps our clients with both misdemeanors and felonies. We also represent clients on drug offenses cases, domestic violence situations, juvenile matters, shoplifting, burglary, driving while intoxicated and other criminal charges. We assist our clients with bail. We attend arraignments and see to it that our clients are not incarcerated during the pendency of their cases. Call us. Our phone numbers are 1-800-344-6431; 516-561-6645 or 718-350-2802.

The Federal Bureau of Investigation (FBI) is conducting an investigation into a privately run prison in Idaho. The FBI has received a video showing prison guards watching an inmate being brutally beaten. The guards did not intervene in the beating. The beating stopped when the attacker decided he was finished beating his fellow inmate to a pulp.Hanni Elabed begged the guards for assistance. He was being viciously attacked by another inmate at the Idaho Correctional Facility. The guards didn’t help him. They simply watched him being beaten for a considerable period of time. During the course of the beating, Elabed’s attacker took a break. After the break, he continued beating Elabed.

Steven Pevar, a staff attorney for the American Civil Liberties Union, in an AOL telephone interview, stated “This is the most violent prison I have ever seen”. The ACLU is currently suing the Idaho State Prison officials due to the level of violence at the Idaho Correctional Facility.

Steven Pevar stated, “it’s as if gangs have taken over the prison, where decisions are being made that seem to be consistent with allowing gangs to strong-arm other prisoners.”

Numerous prisoners have reported to staff that they were beaten up when gang members told the prisoners they had to pay rent to live safely in that housing unit. The guards did nothing about it.

Criminal Defense Lawyers

If you are charged with a crime, we can help you. We represent individuals charged with misdemeanors and felonies. We litigate criminal charges involving drug offenses, domestic violence, assault and battery, juvenile defense, shoplifting, burglary and driving while intoxicated (DWI) cases. We can assist you in violent and non-violent criminal prosecutions. Feel free to call us at 1-800-344-6431; 516-561-6645 or 718-350-2802.

Cutting Doctor Reimbursements

Slowing Health Care Inflationary Expenses

There is a new concept in the handling of divorces that is accepted in a number of states.  Funding companies offer to cover the legal costs of litigating the divorces.  They pay for the legal services of the party’s lawyer.  They also pay for finding hidden assets and maintaining an individual’s lifestyle during the course of the divorce litigation.  What do they get for this? They receive a share of whatever is awarded to the litigant by the courts. An example of a company that does this type of work is Balance Point Legal Funding, located in Beverly Hills, California.

Instead of accepting a smaller settlement, she entered into an agreement with Balance Point Legal Funding.  For a percentage of what she received, they advanced her $200,000 to allow her to live comfortably, as well as litigate her case.

Balance Point Legal Funding is part of a trend.  They are part of an industry that currently invests in other people’s lawsuits. This helps plaintiffs in divorces, personal injury matters, medical malpractice cases and other types of litigation to move forward with lawsuits when they would otherwise not have sufficient assets on their own to bring their case to fruition. Balance Point Legal Funding currently has more than one billion dollars invested in pending lawsuits in the United States.  The focus of Balance Point Legal Fundings is on divorce cases with marital assets between two and fifteen million dollars.

High Net Worth Divorces

The Law Office of Elliot S. Schlissel handles high net worth divorces.  We deal with issues involving family businesses.  We help doctors, lawyers and dentists in obtaining divorces from their spouses.  We negotiate separation agreements that preserve our clients’ assets.  We also assist our clients with child custody and spousel maintenance (alimony) issues.  When the situation arises, we obtain annulments for our clients.  We negotiate prenuptial agreements, as well as postnuptial agreements, for our clients.  Feel free to contact us at 1-800-344-6431; 516-561-6645 or 718-350-2802.

Paternity by Estoppel is a legal doctrine that is now accepted by the New York State Court of Appeals.  This doctrine holds that a man can be required to pay child support for a child if it is proven beyond any doubt that he is NOT the biological father of this child.

In the matter of Shondel v. Mark D., the New York State Court of Appeals held as follows:

“In this child support proceeding, we hold that a man who has mistakenly represented himself as a child’s father may be estopped from denying paternity, and made to pay child support, when the child justifiably relied on the man’s representation of paternity, to the child’s detriment.  We reached this conclusion based on the best interest of the child as set forth by the legislature.”

In the aforementioned case, the father of the child had seen the child approximately four times during the child’s life.  However, he had held himself out to be the child’s father.  He had provided the child with financial support.  He had also signed an affidavit authorizing the child to use his name.

The New York State of Appeals rendered a decision that this man’s actions caused the child to justifiably rely on these representations that he was the child’s father.  The court further reasoned that it was now in the child’s best interest to prevent the father from denying the paternity, even though the DNA proved beyond question that this man was not the child’s father. Therefore, this man was forced to continue to pay child support for a child that was not his.

Paternity by Estoppel

This case and subsequent cases should be a warning to all men.  If you are not absolutely certain you are the father of a child, you should demand a DNA paternity test.  You should not sign an acknowledgment of paternity unless you are absolutely sure you are the father of the child.

If you undertake to provide support for a child, visit with a child or hold yourself out as being the father of a child, should you later find that you are not the biological father of the child, you will be estopped (prevented) from making this argument in court.

Mens’ Rights/Fathers’ Rights Attorneys

Men need advocates in court.  Both fathers and men who find themselves in the Family Court and/or the Supreme Court sometimes run into a hornets’ nest.  The system, in many situations, favors mothers and women.

The Fathers’ Rights defense lawyers at the Law Office of Elliot S. Schlissel litigate issues involving paternity, child support, spousal maintenance (alimony), visitation rights, relocation issues, as well as Orders of Protection and child abuse and child neglect allegations.   We handle all aspects of representing fathers concerning their rights and responsibilities in divorces, equitable distribution of their assets and issues involving parental alienation.  We negotiate separation agreements and we try to amicably resolve our cases whenever it is possible.  Feel free to call us at 1-800-344-6431; 516-561-6645 or 718-350-2802.

Sarah Palin has introduced the phrase to the American vernacular of “man-up”.  The man-up phrase being utilized by right-wing Republicans brings back a type of nostalgia concerning the role of men in society.  It refers to a time when men, in business and politics, followed the John Wayne “tough-guy” roles.  These type of men could grab a rifle, get on their horse and take care of business.

Does “Man-Up” Include Raising Children?

Fathers’ Rights Lawyers

We are Fathers’ Rights attorneys.  We represent fathers in divorces, child custody and visitation proceedings, as well as child support matters.  We help fathers who have been falsely charged with child abuse and child neglect.  We help fathers deal with Orders of Protection obtained by woman on an ex parte basis (without fathers having their day in court).  We downwardly modify child support orders.  We also can assist grandparents concerning grandparents’ rights cases.  Feel free to call us for a consultation at 1-800-344-6431; 516-561-6645 or 718-350-2802.