The Administration for Children's Services (ASC) brought a proceeding in the Family Court in Kings County claiming a child, William, had been neglected by both his mother and his father because they had smoked marijuana while the mother was pregnant. Judge Ann O'Shea sitting in the Family Court in Kings County took the position the finding of … [Read more...]
New York’s Alimony Laws Are Changing
In 2010, the State Legislature in New York passed laws with regard to temporary spousal maintenance which is more commonly referred to as alimony. Since then, many divorce and family law attorneys as well as Judges have been upset about these new laws. The temporary maintenance formula is intended to provide a greater level of consistency in all … [Read more...]
Permanent Revocation Of Driver’s Licenses – Part II
Serious Driving Offense Under the new regulations, a "serious driving offense" is defined as: a fatal crash; driving related penal law conviction; accumulation of 20 or more points assessed for driving violations within the last 25 years; or having two or more driving convictions each worth five points or higher. If, during the lifetime review, … [Read more...]
Permanent Revocation Of Driver’s Licenses – Part I
At the request of New York Governor, Andrew Cuomo, the New York State Department of Motor Vehicles (DMV) has issued new regulations that will require the permanent revocation of driving privileges in the State of New York. In addition, the Department of Motor Vehicles can also set up a re-licensing procedure that takes a very long time for an … [Read more...]
United States Supreme Court Limits The Use Of Drug Sniffing Dogs
In a decision of first impression, the Supreme Court of the United States has recently ruled police officers cannot take a drug sniffing dogs onto the property of a potential suspect without a search warrant. Police organizations are concerned this will limit their ability to use drug smelling dogs to locate illegal narcotics. Evidence Seized, … [Read more...]
Parental Alienation of Children
Parental alienation of children is now recognized by the Courts in New York to be detrimental to the best interest of children. When one parent alienates the children from another parent he or she is simply hurting the children. Each child has two parents and each of the parents adds to the quality of the human being the child will … [Read more...]
Looking for a Loan Against Personal Injury Case? Know About the Things to Watch Out For
In case you have met with an accident and are suffering from injuries, for which somebody else is responsible, you have a personal injury claim at hand. In an ideal situation the person who is responsible for the accident should compensate you for the damages caused (damages here imply physical injury, damages to your car in case of a car accident … [Read more...]
Foreclosure And Your Credit Score
If your home goes into foreclosure it will have a negative impact on your credit score. However, the nature and extent of the negative impact may be different than what you believe it to be. When a financial institution brings a foreclosure lawsuit related to a mortgage default, the institution will normally report to the credit agency there is a … [Read more...]
FHA Rescues Homeowners
The Federal Housing Authority (FHA) is coming to the rescue of more than 3000 homeowners whose homes were damaged by Superstorm Sandy. Under a new program, the FHA is allowing these homeowners whose homes were damaged by Superstorm Sandy to apply for mortgage loan modifications. The purpose of this program is to help reduce the monthly mortgage … [Read more...]
Evidence Found after Questioning a Suspect Without “Founded Suspicion” Inadmissible
A man had parked his car illegally. A Police officer walked up to the car. He asked the man if he should be aware of anything in the car. The man consented to a search of the car. The police officer found a handgun in the car. The issue presented to an Appellate Court in upstate New York was "[did the police officer have] reasonable suspicion … [Read more...]
