MORE ON SUPERSTORM SANDY

On January 25, FEMA issued a press release:

"NEW YORK – The Federal Emergency Management Agency, at the request of the State of New York, has approved a 30-day extension for survivors to register for federal disaster assistance. The new registration deadline for Hurricane Sandy survivors in New York is Feb. 27. FEMA also approved a 14-day extension to the Transitional Sheltering Assistance (TSA) program. The new checkout date for applicants staying in hotels under this program is Sunday, Feb. 10."

On Monday, I consulted with several homeowners who will still need TSA after February 10 as repairs have not even begun on their homes - disputes over insurance estimates, extent of damages, availability of workers, etc.

MORE ON SUPERSTORM SANDY

The number of litigations that have been commenced relating to Superstorm Sandy have increased with yesterday's announcement that a "Manhattan lawyer for more than a dozen residents of Breezy Point said he has filed notices with LIPA in preparation for lawsuits accusing the utility of negligence in failing to de-energize the Rockaway neighborhood in advance of superstorm Sandy's tidal surge, causing the fire that wiped out scores of homes."

In New Jersey, there is a class action commenced challenging FEMA's definition of a "basement".

Many of the complaints I have heard at the recent NCBA Sandy clinic were based on delays in insurance adjusters, dispute over damage amounts, etc/

NEW YORK HOME SALE - EXPEDITORS LICENSING IN SUFFOLK

The Suffolk County law to monitor expeditors in order to better protect consumers took effect this month. According to Legislator Kate Browning: "Too many residents and business owners have to come to me over the years because they were ripped off and had no where to go. For years this had been an underground profession with no oversight, but now Suffolk County registers expeditors, and can revoke a license for impropriety. I am hoping the towns will follow Suffolk's example."

Expeditors can help homeowners pass town inspections, attain variances, get your property surveyed, or obtain new and existing permits for your home.

FREE SANDY CLINIC TODAY

I will be a volunteer lawyer at the Nassau County Bar Association. For more information, see this link:


SANDY LEGAL CLINIC NCBA

SANDY CLINIC ON JANUARY 28

I will be a volunteer lawyer.

The free clinic runs from 3pm - 7pm and is held at the Nassau County Bar Association, 15th & West Streets, Mineola, NY 11501 Phone 516-747-4070

NEW YORK UNEMPLOYMENT INSURANCE - WAIVER

A discussion was had as to whether, in a severance agreement, an employee can waive his/her right to claim unemployment insurance.

Having never seen this issue before, I discovered that the Labor Law has a clear statement on this:

"Sec. 595. Benefit right inalienable.

1. Waiver agreement void. No agreement by an employee to waive his rights under this article shall be valid.
2. Assignment of benefits void. Benefits shall not be assigned, pledged, encumbered, released, or commuted and shall be exempt from all claims of creditors and from levy, execution, and attachment, or other remedy for recovery or collection of a debt. This exemption may not be waived."

However, a severance agreement can raise other issues as the Appeal Board noted:

"Voluntarily separating from employment to accept a severance package when continuing work is available does not constitute good cause for leaving employment (See, e.g., Matter of Cammisa, 38 A.D.3d1146 [3d Dept. 2007]; Matter of Campolattano, 687 A.D.2d 711 [3d Dept. 1999]; Matter of Standford, 54 A.D.3d 1095 [3d Dept. 2008]). "

HOME SALES NEW YORK - MORTGAGE FINANCING

As I have a new matter with a home sale contingent on Buyer financing, I am submitting this link to an online MSN article I recently read:

What makes you unmortgageable?

IN COURT THIS MORNING

NYS HIGH SCHOOL MOCK TRIAL

 

Next month, I will judge one of the tournaments at Nassau Supreme Court.  The case is "Morgan Martin vs. Cattaraugus Programming University" For more information on this program, visit the NYS Bar Association link at:

NYS 2012 High School Mock Trial

 

 

MORE ON HURRICANE SANDY

The Nassau County STEP Program Deadline Extended to January 18 and for more details see this link:

NASSAU COUNTY STEP PROGRAM

MORTGAGE FORECLOSURE - SHADOW DOCKETS AND ZOMBIE TITLES

Here in NY, a situation arose where we have the "shadow calendar". For details, see this link:

MFY - Justice Deceived

There is also a phenomenon known as "zombie title". See this link:

Reuters: Special Report: The latest foreclosure horror: the zombie title

I have not seen this in New York but it may also be an issue that will wrise.

MORE ON HURRICANE SANDY - FORECLOSURE AND INSURANCE SETTLEMENT CHECKS

From Newsday:

"A Nassau County judge has ordered JPMorgan Chase Bank to endorse $15,000 in insurance settlement checks for a South Bellmore woman whose home was flooded by superstorm Sandy."

The home was in foreclosure and counsel for homeowner made a bad faith motion. For full story: JPMorgan ordered to endorse Sandy checks

NASSAU COUNTY BAR ASSOCIATION - SANDY CLINIC

Today, I will be one of the volunteer lawyers:

"Nassau County residents whose homes were damaged by superstorm Sandy can consult with volunteer attorneys and representatives from federal agencies at two clinics this month.

The Nassau County Bar Association will offer the clinics on Monday and again on Jan. 28, from 3 to 6 p.m. both days, at its headquarters at 15th and West streets in Mineola."

NASSAU COUNTY BAR ASSOCIATION - SENIOR CLINIC

Senior Citizen Consultation Clinics

Each month, attorneys provide free 30-minute private consultations to Nassau County residents 65 years of age and over. The consultation does not provide free legal service.
The Clinics are held from 9:30 a.m. to 10:30 a.m. at the Nassau County Bar Association, 15^th and West Streets, Mineola, NY.  The next clinic is January 16. Call 516-747-4070

MORE ON HURRICANE SANDY

The webinar I attended yesterday (Disaster Management 101:  How To Keep Your Business Alive When Disaster Strikes) was sponsored by Eric Shannon of the Global Conference on Disaster Management.

The amount of different "disasters" than a business and/or individual can face is incredible. For those interested:

Download the Slides & Handouts:

https://dl.dropbox.com/u/4112377/Lambert-Handouts-1-10-13.zip

Watch the Webinar Replay:

https://attendee.gotowebinar.com/recording/7435402650467130624

MORE ON HURRICANE SANDY

Attending a webinar today:

"Disaster Management 101: How To Keep Your Business Alive When Disaster Strikes"

LAWYER ASSISTANCE PROGRAM

Last night, at the Nassau County Bar Association, I was part of a group making a presentation to the Board of the Nassau County Bar Association regarding the Lawyer Assistance Program.

"The Nassau County Bar Association Lawyer Assistance Program (NCBA LAP) provides confidential assistance to all attorneys, judges and law school students who are struggling with alcohol, drug and/or mental health problems or are affected by the problem of substance abuse, stress, or depression. The program services are free and completely confidential. The NCBA takes the firm position that alcoholism, substance abuse, addictive behavior and psychological problems are treatable illnesses rather than moral issues. The services of LAP are available to all attorneys and judges as well as their family members, whether or not you are a member of the Nassau County Bar Association. If you are concerned about your own alcohol, drug use and/or mental health, or if you are concerned about a friend, colleague, partner or associate, a call to the Nassau County Bar Association Lawyer Assistance Program can help. This service is not for the general public."

LAP 24-hour Confidential Hotline: 888-408-6222

PART 137 ARBITRATION

The New York State Court System has established a Statewide Fee Dispute Resolution Program (FDRP) to resolve attorney-client disputes over legal fees through arbitration (and in some cases mediation).

Today, I will arbitrate one of those disputes in Nassau County.

The rules for Nassau County are at this link:

http://www.nycourts.gov/admin/feedispute/Rules/nassauFinalRules.pdf

MORTGAGE FORECLOSURE CLINIC IN NASSAU COUNTY

I will be a volunteer lawyer today:

"Nassau residents caught in the growing mortgage foreclosure crisis can have their questions answered by attorneys at a free clinic sponsored by the Nassau County Bar Association at the NCBA headquarters, 15th and West Streets, Mineola, NY. Attorneys have volunteered to provide one-on-one guidance, advice and direction to any Nassau County homeowner who is concerned about foreclosure matters or is already in the foreclosure process involving property in Nassau County.

Attorneys have volunteered to review individual foreclosure issues with Nassau homeowners, help them sort things out, and give advice or refer them to agencies and programs, right in the same room, that may be able to help. This is not legal representation. The attorneys will help the homeowner find out if indeed, they need a credit counselor or a lawyer, and get them in touch with available resources.

In addition to meeting one-on-one with a volunteer attorney, housing counselors, bankruptcy attorneys and representatives from Nassau/Suffolk Law Services -- which provides free legal services for those who meet certain income guidelines -- are on hand to provide assistance.

→ Reservations are required by calling the Bar Association at 516-747-4070. Please bring your mortgage documents. Attorneys fluent in other languages are available upon request when reserving.

All clinics are 3-6 p.m. and are held at the Nassau County Bar Association in Mineola."

NEW YORK - MORTGAGE FORECLOSURE - SCAMS

From last month:

"The Lawyers' Committee for Civil Rights Under Law (Lawyers' Committee) and pro bono counsel McDermott Will & Emery LLP (McDermott) filed a lawsuit, Culliver et al. v. Alarcon Law Group, P.C. et al., in Kings County, New York on behalf of 17 homeowners from New York and nine other states against a network of for-profit loan modification companies. The suit alleges that defendants, led by New York attorney Rory M. Alarcon, defrauded vulnerable homeowners out of tens of thousands of dollars by falsely promising—for substantial upfront fees and also monthly membership fees—to obtain much-needed mortgage modifications on their behalf, but consistently failing to deliver results"

The full press release can be found at this link:

Lawyers' Committee Files Suit on Behalf of Distressed Homeowners who Lost Thousands to Alleged Loan Modification Scam

MORE ON HURRICANE SANDY

Federal Emergency Management Agency (FEMA) officials have extended the deadline for residents to apply for the STEP program. The deadline has been extended to Jan. 18. The STEP program provides basic repairs so Hurricane Sandy victims can move back into their homes.

NEW RULE ON EMPLOYMENT & SSNs

Effective December 12, 2012, all New York employers (except the state or its political subdivisions) are prohibited from requiring individuals to disclose or furnish their Social Security numbers (SSNs) for any purpose in connection with any activity. Employers are also barred from refusing any service, privilege, or right to individuals wholly or partly because they refused to disclose or furnish their SSNs. However, there are several exceptions to this prohibition.

See General Business Law § 399-ddd.