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, the Texas-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

Monday, November 17, 2014

TODAY FREE FORECLOSURE/SANDY CLINIC

I will be volunteering today, Monday, November 17, at the Nassau County Bar Association's free clinic for Mortgage Foreclosure, Bankruptcy and Superstorm Sandy issues. 
 
For more information, contact Nassau County Bar Association, 15th and West Streets, Mineola, NY 11501 at (516) 747-4070.

Friday, November 14, 2014

ON SANDY AND ENGINEERING REPORTS

Many newspapers have front page stories on 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.

Interesting note: plaintiff's counsel was not a New York or Long Island attorney but J. Steve Mostyn, of Texas-based Mostyn Law.

Read more: http://www.newyorklawjournal.com/id=1202676256938/Judge-Fears-Manipulation-of-Claims-From-Sandy#ixzz3J2nJdrRd

Thursday, November 13, 2014

ELDER ABUSE?

Not an uncommon scenario - senior owns property and is unable to maintain it. Someone offers senior to help maintain property for a very low rent, gift, deed transfer, etc.

http://nypost.com/2014/11/08/landlord-brings-tenant-to-court-over-10-a-month-swindle/

Wednesday, November 12, 2014

DIAMOND RING - GIFT OR ENGAGEMENT?

It's interesting reading - Torres v Lopez 2014 NY Slip Op 51494(U) Decided on October 14, 2014 District Court Of Nassau County, First District Fairgrieve, J.

From the opinion:

"In DeFina v. Scott, 195 Misc 2d 75, 755 NYS2d 587 (Supt Ct, NY Cty 2003), the court states the applicable law in New York concerning the recovery of a ring:

The court starts with application of the traditional principle of New York law holding that an engagement ring is the property of the male donor when an engagement is terminated (see, Gagliardo v. Clemente, 180 AD2d 551, 580 NYS2d 278 [1st Dept 1992]; 11 NY Prac New York Law of Domestic Relations § 4:4, Courtship: Engagement Rings [2002], "Even prior to the enactment of the anti-heart balm legislation," cases held that "[t]he donee of the ring receives, at the time of the gift, only the right of possession. Firm ownership passes only upon the performance of the mar-riage").

This rule applies only to a ring given as an engagement ring (id., "If there were reasons other than a contemplated marriage why the gift was given, such as part of a birthday or holiday celebration, the ring may not be subject to return. Where there is a genuine dispute as to the circumstances under which the ring was given, a trial is necessary to determine the facts").
......

This court finds that while there is a very close issue of fact, the plaintiff failed to sustain his burden by preponderance of the evidence that the ring was solely given to defendant in contemplation of marriage."

Tuesday, November 11, 2014

Monday, November 10, 2014

ON CHILD ABDUCTION PREVENTION

"Parents may enroll their U.S. citizen children under the age of 18 in the Children’s Passport Issuance Alert Program (CPIAP), one of the Department of State’s most important tools for preventing international parental child abduction.  If a passport application is submitted for a child who is enrolled in CPIAP, the Department attempts to alert the parent or parents to verify whether the parents approve passport issuance."

See http://travel.state.gov/content/childabduction/english/preventing/passport-issuance-alert-program.html

Friday, November 7, 2014

FREE CLE - UNACCOMPANIED IMMIGRANT CHILDREN

On November 25 from PLI:

"The unprecedented number of unaccompanied immigrant children coming to the United States in recent years has created a great demand for competent pro bono attorneys to represent these children in Immigration Court. Attend PLI's Unaccompanied Immigrant Children — Effective Representation 2014 and learn important skills and information to provide the highest quality legal representation to children in need. Attorneys interested in taking on pro bono cases are strongly encouraged to attend."

See link below:

http://www.pli.edu/emktg/webversion/RHB4_8AEM1.html?t=RHB4_8AEM1&utm_source=8AEM1&utm_medium=EMAIL&utm_campaign=RHB4

Thursday, November 6, 2014

SENIOR CLINIC TODAY AT NASSAU COUNTY BAR ASSOCIATION

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, 15th and West Streets, Mineola, NY. 

Wednesday, November 5, 2014

SETTLEMENT OFFER OF CREDIT CARD DEBT


This is what one looks like and at first it seems to look good - a 45% reduction of the debt is offered but note:

1. There is no agreement or representation regarding reporting the debt to Experion, etc. to help credit score.

2. If the amount of debt reduction exceeds $600, you will get a 1099 and it will be reportable income (technically, even if under $600, that would still be income as forgiveness of debt).

Tuesday, November 4, 2014

VOTE TODAY FOR THE PEOPLE WHO MAKE LAWS

Let us forget the national candidates for a minute and talk about local elections.

From a NY government website: "The job of the Senate is to work with the Assembly and the Governor to enact, amend or repeal statutes which make up the body of laws within which we live."

From a NY court website: "In New York State certain judgeships are filled by election, while others are filled by appointment."

These are the people you are voting for today - the people who make the laws and interpret them.

Monday, November 3, 2014

TODAY FREE FORECLOSURE/SANDY CLINIC

I will be volunteering today, Monday, November 3, at the Nassau County Bar Association's free clinic for Mortgage Foreclosure, Bankruptcy and Superstorm Sandy issues. 
 
For more information, contact Nassau County Bar Association, 15th and West Streets, Mineola, NY 11501 at (516) 747-4070.