Retirement is supposed to be the "golden years." Today, the golden years maybe a thing of the past. It is estimated three quarters of Americans facing retirement age have approximately $30,000 in savings. The failure of Americans of retirement age to develop a significant amount of savings may have a long term impact on retirement in United … [Read more...]
Stop And Frisk Searches Rejected By Courts In New York City – Part II
Suppression Hearings Lawyers can ask for a hearing to determine the propriety of the material seized by police related to searching individuals. At the suppression hearing, the Courts consider the totality of the circumstances involved in the search. They look into the suspiciousness of the behavior of the individual stopped by the police. … [Read more...]
Stop And Frisk Searches Thrown Out By Courts In New York – Part I
In July of 2012, two New York State Appellate Courts threw out searches related to stop and frisk situations by the police. The searches resulted in the police finding loaded guns. However, the Courts held, just because teenagers are nervous in high crime areas this is not a sufficient basis for the police to stop and frisk them. In each of these … [Read more...]
Wife Granted Change Of Venue To Suffolk County
Justice Matthew Cooper, sitting in Supreme Court, New York County, granted an application in the matter of Castaneda v. Castaneda, for a change in venue in a divorce proceeding from Manhattan to Suffolk County. The wife in this case brought an application claiming that the venueing of the case in Manhattan was improper. She resided in Suffolk … [Read more...]
Retirement: It May Not Be A Choice!
Job growth in the United States has been weak for a number of years. However, there is one group in the American population that has a higher level of employment than in previous decades. This group encompasses "older Americans." More than 7.2 million Americans over the age of 65 are now working. This is more than twice as many that were employed … [Read more...]
Temporary Spousal Maintenance In New York
In October 2010, the State Legislature in New York enacted guidelines for calculating temporary spousal maintenance. The purpose of this new statute is to provide consistency in spousal maintenance awards by judges. The temporary maintenance law provides a formula by which the parties to a matrimonial lawsuit can determine what, if any, spousal … [Read more...]
Looking At Child Pornography Not A Crime
In May of 2012, New York's highest court, the Court of Appeals, rendered a decision that a Marist College professor could not be held criminally responsible for the presence of child pornography on the hard drive of his computer. The Court held, the police and the prosecutors failed to show he knew the page had been assigned to the unused space on … [Read more...]
Extreme Hardship The Standard To Suspend Maintenance (Alimony) Payments
Justice Dollinger, sitting in the Supreme Court in Monroe County, recently suspended a man's spousal maintenance (alimony) because he found it would be "an extreme hardship" for him to continue to make these payments. Justice Dollinger stated in his opinion in the matter of Platt v. Platt, 2012 N.Y. Slip Op. 51583(U), "[w]e debate 'extreme … [Read more...]
Driving While Intoxicated (DWI) Charges Dismissed
In a case before Gerri Pickett in the criminal court of Kings County the Judge found the accusatory instrument charging an individual with driving while intoxicated was facially insufficient. Her conclusion was based upon the fact there were no actual allegations supporting the charges essential elements in the accusatory instrument filed by the … [Read more...]
Reverse Mortgages
A reverse mortgage is a means by which seniors utilize the equity in their homes. The equity is turned into cash. It can be used to supplement social security, pension payments, and 401K plan withdrawals. In most situations, the proceeds of a reverse mortgage are taken out in a lump sum. Arrangements can be made to have periodic payments over … [Read more...]
