Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Raymond Radigan and Kassandra Polanco | April 29, 2022
With court approval, a guardian can jointly control guardianship funds with a bank, credit union, or other financial institution. This type of investment agreement can significantly benefit the infant, while also providing the Surrogate with security in knowing that an established financial institution is a party to the agreement and subject to the Surrogate's oversite.
By Alan R. Feigenbaum | April 25, 2022
New York seems to be on the precipice of making a choice when it comes to its divorce laws: fostering conflict resolution, or fostering conflict escalation.
New York Law Journal | Commentary
By Sherry Levin Wallach | April 21, 2022
The newly enacted state budget shortchanged some of the poorest and most marginalized New York residents by failing to provide adequate funding for assigned counsel in criminal and family courts.
New York Law Journal | Analysis
By Joel R. Brandes | April 8, 2022
Where the combined parental income exceeds the "income cap," the test in the First and Second Departments is whether the child is receiving enough to meet his or her "actual needs and the amount required to live an appropriate lifestyle." In contrast, the Third and Fourth Departments have held that where the combined parental income is well in excess of the income cap, it is proper to consider and base the award upon the child's "actual reasonable needs."
New York Law Journal | Analysis
By Toby Kleinman and Daniel Pollack | April 7, 2022
Any and all potential evidence should be maintained, organized and useful for trial.
New York Law Journal | Analysis
By Alyssa A. Rower, Karina VanHouten and Margaret Sarratt | April 7, 2022
This article provides a discussion of the various things courts consider when deciding whether to enforce a choice of law clause in prenuptial agreements.
New York Law Journal | Analysis
By Elliott Scheinberg | March 31, 2022
In 'Mussbacher v. Mussmacher', the Fourth Department preserved its uniqueness amongst the Departments, albeit on unstable, contradictory reasoning without any reference to CPLR 213(2), in properly restricting enforcement of a marital agreement to six years of retroactive claims, irrespective of whether pursued by action or by motion.
New York Law Journal | Analysis
By Robert Z. Dobrish | March 31, 2022
In December 2021, a Blue Ribbon Commission originally appointed by Gov. Andrew Cuomo, issued a report on forensic evaluations which recommended, among other things, that forensic evaluations should be eliminated. This article presents an argument against the elimination of forensic evaluations which, in the author's opinion, "would step our court system backwards to a seemingly prehistoric time in our state when judges had boundless discretion and no standards to apply."
New York Law Journal | Analysis
By Elliott Scheinberg | March 30, 2022
The Fourth Department continues to stand alone, albeit this time on unstable and contradictory reasoning, in correctly restricting enforcement to six years where enforcement has been sought by motion.
By Jason Grant | March 28, 2022
Heller, who was admitted to state the bar in 1969, acknowledged to the appellate court that a divorce client had sued him for malpractice and breach of contract, won a judgment against him for $523,536 with interest, and that he still hasn't paid the money, according to the Appellate Division, First Department court.
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