By Jason Grant | February 15, 2019
An Appellate Division, First Department panel in part pointed to the “wider breadth” of a state Domestic Relations Law section relied on by the trial court, and contrasting that section's reach to a different section that “does not apply to children of unmarried parents.”
By Colby Hamilton | February 15, 2019
The panel agreed with the district court that the U.S. Supreme Court's limiting of federal courts' ability to intervene in their sister state courts meant the federal venue was improper for a dispute over state surrogate's courts procedures.
New York Law Journal | Expert Opinion
By Warren A. Estis and Michael E. Feinstein | February 5, 2019
In their Landlord-Tenant column, Warren Estis and Michael Feinstein use the case Riverwalk on the Hudson v. Culliton to discuss RPL 227-c —an important remedy which provides a domestic abuse victim who has obtained an order of protection with the ability to terminate the lease and be absolved from liability for rent.
New York Law Journal | Letter to the Editor
By David Bliven | January 29, 2019
More family law practitioners should give thought to the suspended judgment as a dispositional alternative in Family Court Act Article 8 cases.
New York Law Journal | Analysis|Expert Opinion
By E. Leo Milonas and Andrew C. Smith | January 17, 2019
In their Appellate Division Review, E. Leo Milonas and Andrew Smith discuss recent decisions from the Appellate Divisions, including the recent Second Department decision “People ex rel. Wells v. DeMarco,” which held that state and local law enforcement officers lack authority under New York law to effect arrests for violations of federal civil immigration violations.
New York Law Journal | Analysis
By John M. Hunt | January 17, 2019
The absence of an ACD as a Family Court dispositional alternative creates difficulties that prevent family offense cases from moving forward smoothly and efficiently.
New York Law Journal | Analysis
By Sidney Kess | January 14, 2019
In his Tax Tips column, Sidney Kess writes: As a result of the Tax Cuts and Jobs Act of 2017 (TCJA), new tax rules apply to divorce instructions executed after 2018 and may change planning for divorcing couples going forward.
New York Law Journal | Analysis
By Timothy M. Tippins | January 11, 2019
In his Matrimonial Practice column, Timothy M. Tippins writes: Judicial opinions abundant in facts and rich in thoughtful analysis are as rare as a white peacock. Hon. Richard A. Dollinger has delivered such a rarity in 'J.F. v. D.F.', a determination of a contentious custody dispute. This article addresses the court's development of a specific definition of the complex, controversial and emotionally-charged term, “parental alienation.”
By Eric A. Tepper, Chair, Family Law Section | January 11, 2019
Eric A. Tepper, Chair of the NYSBA Family Law Section, describes how the Tax Cuts and Jobs Act will have its major impact on the matrimonial field effective Jan. 1, 2019, and provides an update of Section activities.
By Jason Grant | January 10, 2019
A support magistrate in Manhattan's Family Court acted outside the scope of her statutory authority by resolving “issues of contested paternity involving claims of equitable estoppel," an appellate panel has ruled.
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