In a recent case in Bronx Criminal Court, Judge John Wilson threw out the criminal charge of attempted criminal possession of a weapon against a defendant named Black. Police Heard Gun Shots Police Officer's testified they heard gunshots. Upon hearing the gunshots, they traveled in the direction of the sound of the shots. While traveling in that … [Read more...]
Spousal Refusal And Medicaid Planning
In the States of Connecticut, Florida and New York spousal refusal to pay for a spouse's medical expenses can be an acceptable Medicaid planning technique. The spouse of an individual who goes into a nursing home and applies for Medicaid is referred to as the "community spouse." This spouse can keep approximately $3000 a month of the family's … [Read more...]
How to avoid wage garnishment due to nonpayment of student loan
Difficulty in paying off outstanding student loan timely is a common issue especially for the college graduates on a tight budget. When the payment towards the loan becomes significantly late, many private lenders request for a writ of garnishment from the learned court. And if it happens, then your current employer, by law, has to withhold certain … [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...]
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...]
Same Sex Marriages: Rights and Obligations in New York
On June 26, 2011, the Marriage Equality Act was passed in New York. New York became the fifth state to recognize same sex marriages. The Marriage Equality Act states “a marriage that is otherwise valid shall be valid whether the parties of the marriage are of the same or different sex.” The intent of the statute is to allow marriage to become a … [Read more...]
Garden of Eden Adult Home in Brooklyn is “A Garden Of Hell”
The Garden of Eden Nursing Home is located in Bensonhurst, Brooklyn, New York. The residents of this adult facility have been forced to live in a poorly maintained residence and under unsanitary living conditions. Multiple lawsuits have been brought related to complaints of mistreatment from the residents. The State Health Department has sited the … [Read more...]
Baby Boomers Need Wills
Death is unpleasant. Why would anyone want to think about such an unpleasant subject. However, as unpleasant as death may be, everything that lives will eventually die. End of life issues are difficult to face. However, the failure to face end of life issues can create untenable, difficult, and painful situations for your loved ones. Living … [Read more...]
DWI Charges To Man Wearing “I’m a Drunk” T-shirt
In Coram, Long Island, Kevin Daly, age 23, was driving around drunk in his car while wearing a T-shirt that said “I’m not an alcoholic, I’m a drunk. Alcoholics go to meetings." Kevin Daly was driving a 2000 Saturn. He attempted to make a turn when he struck a marked police patrol car. The officer in the patrol car noted Daly had blood shot, glassy … [Read more...]
Prisoner’s Death Results In Large Damages Award
Philip E. Parker, a former inmate in a Baltimore jail, was being transported by correction officers in a jail bus when he was murdered by a fellow inmate. His family brought a lawsuit claiming that the four correction officers and the State had acted negligently in the supervision of the prisoners on the bus, and as a result of their failure to … [Read more...]
