Wednesday, November 26, 2014

THANKSGIVING WISHES

And what is a legal holiday? According to 5 U.S. Code § 6103 - Holidays, with respect to federal government organizations and employees:

"(a) The following are legal public holidays:
 
New Year’s Day, January 1.
 
Birthday of Martin Luther King, Jr., the third Monday in January.
 
Washington’s Birthday, the third Monday in February.
 
Memorial Day, the last Monday in May.
 
Independence Day, July 4.
 
Labor Day, the first Monday in September.
 
Columbus Day, the second Monday in October.
 
Veterans Day, November 11.
 
Thanksgiving Day, the fourth Thursday in November.
 
Christmas Day, December 25."

Tuesday, November 25, 2014

ON HANDWRITTEN WILLS

This month's New York State Bar Association's BAR JOURNAL starts off with an article on "From Tractor Fenders to iPhones - Holographic Wills"

The definition of holograph is not just limited to issues relating to holography or holograms. but also refers to a document written wholly in the handwriting of the person whose signature it bears. But with respect to handwritten wills in New York, this can only be valid in very limited circumstances:

"Lay people often mistakenly believe that unwitnessed holographic wills are valid, especially if they grew up in countries where such wills were common. To many, the notion of taking charge and writing out their wishes simply, in their own words and in their own handwriting, may be appealing and may even be romanticized. Indeed, as explained above, a strong argument can be made that unwitnessed holographic wills should be valid when a person is lost or stranded, alone, and has no other choice. However, New York has steadfastly maintained that (except for those in the military or mariners at sea) all of the strict formalities of due will execution must be followed under all circumstances, even with handwritten wills."

Monday, November 24, 2014

MORE RE: SUPERSTORM SANDY

From today's Newsday: "Of 1,287 cases filed in the Eastern District from Long Island, Queens, Staten Island and Brooklyn, 1,075 were still open as of Thursday."

Friday, November 21, 2014

ON SANDY AND ENGINEERING REPORTS

As a follow up to last week's post re: the recent decision regarding discovery in Deborah Raimey and Larry Raisfeld vs. National Flood Insurance Co., 14 CV 461, part of In Re Hurricane Sandy Cases 14 MC 41:.

In today's Newsday, page A33, plaintiff's counsel, theTexas-based Mostyn Law, has a full page advertisement for assistance in their litigation. The advertisement also notes local counsel Denis G. Kelly, Esq.

Thursday, November 20, 2014

CREDIT HARM IN MATRIMONIAL ACTIONS

An email sent to me revealed that in California, the Family Law Act of 1970 allows awards for credit reputation harm. See https://creditdamageexpert.wordpress.com/2014/10/06/credit-harm-divorce-the-overlooked-recoverable-injury/

Compare that with the approach used in Stratton v. Stratton , 2013 NY Slip Op 50808(U)(Supreme Court, Sullivan County) found at this link:http://scholar.google.com/scholar_case?case=11969898743381898765&q=Stratton+v.+Stratton&hl=en&as_sdt=4,33

Wednesday, November 19, 2014

ELDER FINANCIAL ABUSE

Yesterday, at Suffolk County Courthouse in Central Islip, I attended a CLE on Financial Abuse of seniors.

The CLE noted the scope of people that engage in this - particularly scammers and family members. But according to National Adult Protective Services Association:

"Financial exploitation is a fast-growing form of abuse of seniors and adults with disabilities. Situations of financial exploitation commonly involve trusted persons in the life of the vulnerable adult, such as:
    • Caretakers
    • Family members
    • Neighbors
    • Friends and acquaintances
    • Attorneys
    • Bank employees
    • Pastor
    • Doctors or nurses"

Tuesday, November 18, 2014