Wednesday, October 1, 2014

NEW YORK CHILD CUSTODY - SEEKING A HEARING ON MODIFYING A VISITATION ARRANGEMENT

Magee v Magee 2014 NY Slip Op 05163 Decided on July 9, 2014 Appellate Division, Second Department (emphasis supplied)

""Modification of an existing visitation arrangement is permissible only upon the showing of a material change of circumstances such that a modification is necessary to ensure the continued best interests and welfare of the child" (Vaccaro v Vaccaro, 83 AD3d 691). "[O]ne who seeks a change in visitation is not automatically entitled to a hearing, but must make an evidentiary showing sufficient to warrant a hearing" (Matter of Collazo v Collazo, 78 AD3d 1177). Contrary to the father's contention, the Supreme Court properly denied, without a hearing, his motion to modify the provisions of the parties' stipulation of settlement regarding custody and visitation (see Matter of Sullivan v Moore, 95 AD3d 1223; Matter of Francois v Grimm, 84 AD3d 1082; Matter of Figueroa v Lewis, 81 AD3d 823; Matter of Mazurkiewicz v Pindor-Mazurkiewicz, 80 AD3d 615, 616). The father's assertions were unsubstantiated and conclusory or did not allege a material change in circumstances. Accordingly, he failed to make the requisite showing (see Matter of Palmiotti v Piscitelli, 100 AD3d 637, 638; Matter of Aronowich-Culhane v Forunier, 94 AD3d 1114, 1115)."

Tuesday, September 30, 2014

STAR EXEMPTIONS AND REAL ESTATE TRANSFER IN 2014

Case: Until this year, your Basic STAR exemption renewed automatically.  If you want your Basic STAR to renew for 2014, you would generally have to register for renewal before December 31, 2013.

Seller of House A has Basic STAR for 2013/June 30, 2014 but leaves House A in 2013 to retire and puts House A on market. Seller cannot apply for Basic STAR because House A is no longer primary residence.

Buyer of House A contracts for sale of House A in May 2014 and closes end of June 2014.

Buyer discovers there is no Basic STAR for 2014/2015 and must apply for Basic STAR to take effect for 2015/2016.

Tuesday, September 23, 2014

NEW YORK REAL ESTATE - TITLE AGENT LICENSING

As I read recently in the NYSBA State Bar News, title insurance agents in New York are now required to register with the state, meet qualification standards and undergo regular training as part of the state’s new licensing process.

See http://nyslta.org/advocacy/2013-2014-title-agent-licensing-bill

Monday, September 22, 2014

SANDY/FORECLOSURE CLINIC TODAY

Today is the Nassau County Bar Association Mortgage Foreclosure/Superstorm Sandy Recovery Consultation Clinics from 3 to 6 p.m. To register call 516-747-4070  

Friday, September 19, 2014

NEW YORK FAMILY LAW - FAMILY DISPUTES AND VISITATION

Yesterday, I reported on a case regarding what payor spouse may allege regarding spousal maintenance when recipient spouse moves in with parents.

Sometimes, a spouse returning to live with parents after divorce will raise issues. One perhaps extreme example is Matter of Matter of Christina KK. v Kathleen LL. 2014 NY Slip Op 04989 Decided on July 3, 2014 Appellate Division, Third Department which can be found at this link:

http://law.justia.com/cases/new-york/appellate-division-third-department/2014/516619.html