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Man Granted Motion to Seal His 2006 Conviction

Man Granted Motion to Seal His 2006 ConvictionNeider brought a proceeding to seal his 2006 misdemeanor conviction for criminal possession of a weapon. In his application he stated he was not convicted of any further offenses. He became eligible under the sealing statute New York Criminal Procedure Law Section 160.59 to have his record sealed. Neider claimed he was a law-abiding citizen. He had lived a productive life. He had a significant career. He was a family man. He served on various municipal boards. He received various licenses. He had obtained a master’s degree from a university.

Conviction Could Impact On Employment

Judge Gia Morris sitting in the Criminal Court of Queens County found while Neider conceded the conviction did not stop him from getting licenses or completing a graduate degree. Neider had indicated he was concerned this conviction could have a negative impact on his future employment possibilities.

The Queens District Attorney’s Office did not oppose the application. They found Neider was eligible and therefore no hearing was necessary.

The Court’s Decison

Judge Gia Morris rendered a decision Neider had met all of the appropriate criteria under the New York sealing statute. She rendered a finding he was an example of the type of individual Criminal Procedure Law Section 160.59 was designed to help. She ruled his 2006 conviction “stands as an apparition to an otherwise exemplary lawabiding life”. She rendered a decision that Neider’s motion to seal his 2006 conviction was granted.

Conclusion

New York has a new law that allows certain criminal convictions which are more than ten years old to be sealed. The removal of a criminal conviction can have significant impact on an individual’s employment prospects.

schlissel-headshotElliot S. Schlissel, Esq. is the managing partner of Schlissel DeCorpo LLP. He can help individuals seal their criminal record. He can be reached at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

Foreclosure Lawsuit Dismissed

foreclosure-lawsuit-dismissedThis case involved a mortgagor by the name of Ramirez. Ramirez brought a summary judgment motion seeking a dismissal of the residential foreclosure lawsuit against him. He also sought cancellation and discharge of the mortgage.

CitiMortgage, the mortgage holder, cross-moved for summary judgment. They sought to strike Ramirez’s answer and counterclaims. They also sought an Order of Reference to allow them to sell Ramirez’s home.

Statute of Limitations

Ramirez had defaulted in making payments on his note and mortgage. An initial foreclosure lawsuit was commenced in 2010. However, it was dismissed by the court as being abandoned. CitiMortgage took no action to appeal the motion dismissing the initial 2010 lawsuit.

The Second Foreclosure Lawsuit

In 2017 CitiMortgage filed a new foreclosure lawsuit against Ramirez. Ramirez argued this lawsuit should be dismissed because the 6 year statute of limitations to bring a foreclosure action had expired before the commencement of this lawsuit. CitiMortgage claimed they unequivocally revoked the acceleration of the mortgage.

The Judge’s Decision

Justice Vincent Versad sitting in Supreme Court part in Schenectady County ruled CitiMortgage had failed to meet a five prong test that would reset the statute of limitations clock on Ramirez’s mortgage. Judge Versad found Ramirez suffered substantial prejudice while relying on the acceleration of the mortgage. The Judge found he would be further prejudiced if CitiMortgage was permitted to benefit from its own neglect in timely pursuing its claim. Ramirez’s motion was granted, the foreclosure lawsuit was dismissed and the mortgage was discharged.

schlissel-headshotElliot S. Schillsel is the managing partner of Schlissel DeCorpo LLP. He has been representing clients with regard to foreclosure defense cases for more than 30 years. He can be reached for a free consultation at: 800-344-6431 or e-mailed at: Elliot@sdnylaw.com.

Joint Custody

joint-custodyNew York State has a gender neutral custody law. There is no longer a presumption that either parent should have custody of the children. Both parents have equal rights to seek custody of their children. It should be noted equal rights to obtain custody is not the same standard as to what is in the children’s best interests. Courts determine who receives custody of the parties’ children based on what is in the children’s best interest.

Legal Custody

Legal custody of children is usually determined by a proceeding in front of a judge. Courts seek to avoid issuing court orders awarding joint custody to parents.

There is a Court of Appeals decision (the highest court in the State of New York) which states joint custody is encouraged primarily as a voluntary alternative for relatively stable, amicable parents behaving in a mature civilized fashion. Situations where the parents do not get along, are not communicative with each other, are not right for joint ustody arrangements.

Quality Time with Children

Joint custody arrangements tend to work out when the children are very young. As children grow older they develop their own social circles and own friendships. Joint custody arrangements tend to get in the way of the children’s lives. Some studies have found it is not necessarily a benefit to the children for them to spend equal time with both parents.

Conclusion

Many parents seek to have equal parenting time with their children. It seems to meet the parents’ needs to develop a strong relationship with their children. However, giving each parent equal time with their children does not necessarily work out to be in the children’s best interest and equal parenting time arrangements generally break down as the children mature and go through puberty.

schlissel-headshotElliot S. Schlissel, Esq. is managing partner of Schlissel DeCorpo LLP. He has been representing parents in custody disputes for more than 30 years. He can be reached at 800-344-6431 or e-mailed at: Elliot@sdnylaw.com.

Happy Thanksgiving

Happy Thanksgiving 2018

At this time of year, we stop to give thanks: for our friends and families, for meaningful work, and for valued clients like you. We are truly grateful that you choose to work with us and we are dedicated to helping you achieve your goals.

We wish you all the blessings of a peaceful holiday with those you love. Happy Thanksgiving!

False Allegations of Child Abuse in Divorces

Child-Abuse-in-Divorces

Divorces can be amicable or be a type of limited warfare between the parents. Sometimes the issue of who is going to be the residential custodial parent is a significant issue in a divorce case. It occasionally leads unscrupulous parents to create accusations of child abuse to further their desire to become the residential custodial parent of the children and have a negative impact on the other parent’s parental rights. One spouse can accuse the other spouse of abusing the children. It can be the result of anger or concern that the parent making the allegations will not be successful in obtaining custody of the children unless they resort to this underhanded, inappropriate strategy.

Parental Alienation

There is a method for one parent to demotivate a child from spending time with the other parent. The alienating parent to engages in a type of brainwashing called parental alienation. In this circumstance one parent convinces the child the other parent is abusing them. This is done during a litigated custody case. It is extremely important if this happens that an experienced child custody attorney be retained. Advocacy by this attorney can be used to point out to the court the lack of evidence of child abuse and how the allegations are specifically related to the ongoing custody case.

Orders of Protection

Temporary orders of protection are often granted to one spouse when they falsely accuse the other spouse of abusing the children. Aggressive legal action must be taken to demand a hearing with regard to these issues. These issues should not be allowed to linger. The longer the order of protection is in effect preventing one parent from having any interaction with the other parent or children, the more likely this will impact on the long term relationship between the parent whose kept away from the children.

schlissel-headshot

Elliot S. Schlissel, Esq. is an attorney who has dealt with child abuse and child neglect issues for more than 3 decades. He can be reached at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

Happy Halloween!

Happy Halloween! 2018

Grandparents’ Rights and Custody Issues

General-Website-Grandparents’-Rights-and-Custody-Issues

Grandparents who are raising their grandchildren face many practical, legal issues. Grandchildren who live with grandparents for periods of time are impacted on by a variety of the laws in the State of New York. Issues involving custody, visitation with the parents, who has custody of the grandchildren long term, where the grandchildren go to school, medical insurance for the grandchildren, child support issues between the parents and the grandparents are just some of the legal issues grandparents face. Is a grandparent authorized to make medical decisions for a grandchild?

Limitations Placed on Grandparents Raising Grandchildren

Grandparents who are raising their grandchildren do not necessarily have a legal right to make decisions involving a variety of issues concerning the health and general welfare of their grandchildren. For a grandparent to have legal authority over a grandchild the grandparent must obtain a court order. Physical custody is not the same as legal custody. If the children simply live with the grandparents they have what is commonly referred to as physical custody. However, the fact the grandchildren reside with the grandparents does not give them legal rights to make decisions regarding the grandchildren’s health care and school issues. Grandparents must bring a case in the Family Court to obtain temporary custody of their grandchildren. This will put them in a position where they can make decisions involving significant issues for their grandchildren. When a court grants a grandparent legal custody the grandparents then have legal authority to make decisions concerning the health and general welfare of the grandchildren.

Temporary Power of Attorney

In situations where the parents are cooperating, a temporary power of attorney can be given by the parent to the grandparents. This temporary power of attorney would give the grandparents temporary authority to make specifically delineated decisions on behalf of the grandchildren. The temporary power of attorney gives the grandparents specific legal rights that are clearly enunciated in the power of attorney. An example of these types of provisions may involve a grandchild travelling with a grandparent to another state or country and the grandparent is given authority during this trip to make medical decisions for their grandchildren. It should be noted the power of attorney can be revoked by the parents and has no impact on the legal rights of the parents to maintain custody of their children.

Adoption

Adoption is a permanent route for grandparents to exercise both parental rights and responsibilities over a grandchild. In essence, once the grandparents adopt the grandchild the grandparents now become the parents of the grandchild. Adoptions by a grandparent can be on consent of the parent or can be done in situations where the parents don’t consent but they have been found to be unfit, incapable or have deserted their children.

Elliot-Schlissel

Elliot S. Schlissel, Esq. has been working for grandparents’ rights with regard to issues concerning custody and visitation of their grandchildren for more than 3 decades. He can be reached at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

Parenting After Divorce

You just went through a divorce. Your marriage is over. You have 2 children and those children have a mother and father who are now not living together, and they are going their separate ways. How do you help the children cope with the change in their life circumstances?  The answer is to cooperate and co-parent.

 

Co-Parenting After Divorce

Both parents should always work in their children’s best interests. It is important to put the children’s lives and best interests ahead of the parents. Children have daily routines, schedules, educational issues and a need for discipline. Both parents need to work together to help promote their children’s lives.  Even if the parents do not get along, they need to put their differences aside and put their children’s best interests in the forefront of their minds.  Parents divorce each other.  Children do not divorce their parents.

 

Successful Co-Parenting

Parents to successfully co-parent should communicate with each other on a regular basis regarding issues involving the children.  They should especially be consistent on addressing issues involving child rearing decisions.  They need to be flexible with each other and take into consideration each other’s work schedule to promote parenting time between the children and both parents.  There should be an accepted and established visitation schedule but the parents should maintain flexibility concerning the parenting time each parent has with the children.  The parents should be considerate of each other.

 

Supporting the Other Parent’s Relationship

Each of the parents should support the relationship the children have with the other parent.  This is true even if each of the parents have different parenting lifestyles.  Each of the parent should go out of their way to keep the other parent up to date with regard to the activities, sports, social situations and educational issues faced by the parties’ children.  Yes, the parents are divorced but No they should not allow their negative feelings about each other to burst onto the surface and impact how their children are being raised.

 

You and Your Ex Spouse

Sometimes parents feel the necessity of questioning their children about what they do when they spend time with the other parent.  This should be avoided.  Children should also not be made into messengers to convey information from one parent to the other parent.  In talking to your children should you find a disagreement with how certain matters are being handled by your ex-spouse, you should discretely listen to your children.  Thereafter, out of the Elliot Schlisselchildren’s purview discuss your issues and problems regarding your ex-spouses conduct, or parenting decisions.

 

Elliot S. Schlissel, Esq. is a family law attorney who has been practicing in the Metropolitan New York are for more than 4 decades.   He can be reached at. Elliot@sdnylaw.com or 800-344-6431.

Hiring the Right Divorce Attorney

Obtaining a divorce involves making one’s way through the legal process.  The best way to navigate through the divorce process is to have the right divorce lawyer.

 

The Right Divorce Lawyer

Is your divorce simple or complicated?  Do you have children and custody issues related to the children?  Do you have significant assets or virtually no assets at all?  Your divorce attorney’s job is to provide you with legal representation geared to your personal situation.  So, before you start looking for a divorce lawyer analyze what the issues are involved in your case.

 

Be Goal Oriented

The goal in your divorce is to end your marriage.  Your divorce is not a process involving the punishment of your spouse for being a lousy human being.  Think with your head about divorce issues and not with your emotions.  Try to avoid making your divorce more litigious than necessary.

 

Seek to Obtain Your Goal

With a Minimum of Aggravation and Expense

The best way to minimize the cost of divorce litigation is to negotiate a settlement out of court.  Litigation involves the concept of hurry up and wait.  You have to appear in court by 9:30 in the morning.  When you get there you can find that your case is number 25 on the calendar and that the court is going to make you sit around and wait until they get to you.  Meanwhile you are paying your attorney between $350.00 and $500.00 an hour while they are sitting around waiting for the case to be called.  Meetings in attorneys’ offices to discuss amicable resolutions of divorce cases are far more efficient then litigating in a court room.

 

Meet with your Attorney

In the first meeting with your attorney you should focus on his or her experience.   Find out how long they have been practicing law, the number of cases they have been involved with, and the staff and other attorneys in the office that back them up.  An ideal attorney should have the legal know how and experience to resolve your case while working as an advocate to obtain your goals.  He or she should be able to communicate with you and opposing counsel and negotiate on your behalf.  It is a good idea for your attorney to know the Supreme Court and Family Court judges in your local area and how they look at and deal with various issues.

 

 

Communicate with Your Attorney

If you think your attorney is doing a good job during the handling of your case, let him or her know.  If they are doing bad job also let them know.  Divorce can be an emotional process as well as a process involving the distribution of assets, issues involving custody, child support and spousal maintenance.  It is important to choose the right attorney Elliot Schlisseland to maintain constant contact with him or her.

 

Elliot S. Schlissel, Esq. has been representing clients in divorce cases for more than four decades in the Metropolitan New York area.  He can be reached at Elliot@sdnylaw.com or 800-344-65431.

Chapter 7 Bankruptcy Eliminates Credit Card Debt

Petition for bankruptcyThe filing of a Chapter 7 bankruptcy will usually eliminate all of a debtor’s credit card debt. In addition, it also eliminates other non-secured debts such as personal loans, debts to doctors, hospitals and other individuals and banks.

The Bankruptcy Case

The filing of a Chapter 7 bankruptcy requires the submission of a Bankruptcy Petition, statements of financial affairs and schedules with the bankruptcy court. These documents deal with the debtor’s assets and liabilities. In addition, the debtor usually has to file proof of filing of income tax returns. Bank statements and other invoices belonging to the debtor also will need to be filed.

Credit Counselling Course

A debtor seeking to file bankruptcy must take a pre-filing credit counselling course. This can be done either by telephone or on the internet. Once the debtor filed the Chapter 7 bankruptcy he or she will receive an automatic stay from the Federal Bankruptcy Court which stops all creditors from taking all legal action against the debtor. It can also stop wage garnishments and cause release of bank accounts that have been tied up.

The Creditors Meeting

If you file the Chapter 7 bankruptcy approximately 3 to 4 weeks after the filing you will have to attend a creditors meeting and give testimony before a Chapter 7 bankruptcy trustee. The trustee’s job is to analyze the debtor’s petition to determine whether the debtor has satisfied all the requirements with regard to filing the Chapter 7 bankruptcy. In most cases the Chapter 7 trustee finds there are no assets to be distributed to creditors.

Bankruptcy Exemptions

Under New York State Law there is a homestead exemption in certain areas of New York State protecting the client’s residence in the amount of $150,000.00 for each person owning and living in the residence. The individual filing the bankruptcy has the choice of either using the New York State bankruptcy exemptions or the federal exemptions. The federal exemption gives the homeowner a wild card exemption of $12,500.00 per debtor to be used to protecting any personal item or personal property belonging to the debtor.

Discharge

At the end of a Chapter 7 bankruptcy the debtor receives a discharge. The means all of the debtor’s debts are forgiven and the debtor is entitled to a fresh start to rebuild his or credit again.

Elliot Schlissel

Elliot S. Schlissel is the managing partner of Schlissel DeCorpo LLP. He has been involved with more than 1,000 bankruptcy cases. He can be reached at 800-344-6451 or e-mailed at: Elliot@sdnylaw.com for a free consultation.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore

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