New York Law Journal | Commentary
By Robert Goldman | May 6, 2019
In furtherance of reducing the high rate of mental and physical health problems experienced by lawyers, the standards of representing children needs to fall in line with the New York Rules of Professional Responsibility by removing the requirement of zealous advocacy and standardizing the question of competency.
By Colby Hamilton | May 3, 2019
The panel found the appellant provided no support for claims he was targeted for retaliation after taking more than two months off following a cancer diagnosis.
New York Law Journal | Analysis
By Raymond Radigan and Lisa Fenech | May 3, 2019
In this Trusts and Estates Law column, C. Raymond Radigan and Lisa Fenech present the second article in a series of articles concerning contested probate proceedings in Surrogate's Court.
By Colby Hamilton | April 24, 2019
Anthony Zappin brought the appeal after the district court dismissed his defamation claim against the New York Post's coverage of divorce proceedings in which he was accused of assaulting his pregnant wife.
By Jason Grant | April 22, 2019
In reaching the decision, an Appellate Division, First Department panel explained that the half sister's “recourse" had been "to seek adoption, not custody of the child.”
By Colby Hamilton | April 19, 2019
The panel majority held that the Child Welfare Act contained clear language that allowed for federal suit over payments to foster families, creating a 3-1 circuit split over the issue.
New York Law Journal | Analysis
By Jordan E. Trager | April 9, 2019
This article proposes that New York courts should consider utilizing a second standard of law for proving parental alienation, in addition to the one suggested by a recent decision, resting on the principle of parens patriae, as follows: “Where a child refuses to have a relationship with a non-custodial parent, a court should thoroughly explore the specific reasons why not. The absence of any reasonable explanation shall raise a strong probability of parental alienation on the part of the custodial parent.”
New York Law Journal | Analysis
By Ilene Sherwyn Cooper | April 5, 2019
In her Trusts and Estates Update, Ilene Sherwyn Cooper analyzes a variety of cases from the past several months. From issues involving domicile, summary judgment, and claims against an estate, her April article is a little bit of this and a little bit of that.
New York Law Journal | Analysis
By Daniel H. Stock | April 5, 2019
This article examines the vexing problem of determining when young or incompetent children in custody cases have the right to waive their therapist-patient privilege of confidentiality.
By Jason Grant | April 5, 2019
“A multicultural environment 'properly [is considered] to be very important for a biracial child,'” wrote the Appellate Division, Second Department panel. “Here, however, the mother's contention" the a particular school switch is needed "is not supported by the evidence."
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