MENTAL HEALTH INITIATIVE

The ABA Law Student Division’s National Mental Health Day is March 27 and law schools across the country are being encouraged to spread awareness and promote discussion about mental health and substance abuse in the legal community.

For more information: http://www.americanbar.org/groups/law_students/initiatives_awards/lshealth.html

NEW YORK ATTORNEY DISCIPLINE RECORDS ONLINE

The New York court system has added records showing whether an attorney has been disciplined to its publicly available online database:

http://iapps.courts.state.ny.us/attorney/AttorneySearch

FREE SENIOR CLINICS AT NASSAU COUNTY BAR ASSOCIATION

I am a Senior Clinic Volunteer at the Nassau County Bar Association.

 

The next Senior Clinic dates:

 

-Wednesday, March 18

-Tuesday, April 21

-Tuesday, May 19

-Wednesday, June 17

 

For more information, contact:

Demi Tsiopelas
Lawyer Services Coordinator
Nassau County Bar Association
15th & West Streets
Mineola, NY 11501
t. 516.747-4070 ext. 210
f. 516.747-4147
dtsiopelas@nassaubar.org

A NEED FOR A FORENSIC ACCOUNTANT

Whether it is a matrimonial action or some other matter, assets are commonly hidden within individual & business tax returns.

To download an article on "How to Find Hidden Treasures in Tax Returns", see

http://info.msgcpa.com/finding-hidden-treasures-in-tax-returns4/

NO - FAULT CASES - ATTORNEY FEES

The No Fault Regulations were amended changing the maximum amount of attorney fees which can be awarded by a court or arbitrator, and the elimination of the minimums.

See 2015 NY REG TEXT 366828 (NS), New York Regulation Text -1 , 11 NYCRR 65-4.6 ,
Notices of Adoption February 04, 2015 Effective: February 04, 2015 - Insurance Department

FREE FORECLOSURE/SANDY CLINIC ON MONDAY

Monday February 23 at 3pm at Nassau County Bar Association, 15th and West Streets, Mineola, NY 11501

HEATING COMPLAINTS IN NASSAU COUNTY

It's cold outside today and some tenants may be experiencing heating issues.

Note this from the Nassau County Department of Health:

"Who is responsible for the heat in my dwelling?
The Nassau County Health Department does not regulate owner occupied dwellings like owner occupied single-family homes, condominiums, and co-op apartments (problems need to be addressed with the building managers, owners boards, or through legal counsel). For rental dwellings, heat and utilities in single-family homes are generally the responsibility of the occupants. In multi-unit buildings, unless other agreements have been reached, the owner/landlord is generally responsible for the heat. In all cases where there is a shared or common service that is not metered or billed separately for each dwelling unit, the owner/landlord is responsible for providing these utilities. The owner/landlord is also responsible for assuring that the delivery systems for heat and hot water are functioning properly in all case"

See http://www.nassaucountyny.gov/3059/11590/Heating-Regulations?activeLiveTab=widgets

But there is a number to call:

"Heat Complaints: (516) 227-9715.This unit responds to complaints from residents of apartments, cooperatives and condominiums when temperatures in their units fall below certain temperatures during the heating season."

See https://www.nassaucountyny.gov/3543/Environmental-Health

And an additional number is found here:

"Heat Complaints (516) 571-3679 This unit responds to complaints from residents of apartments, cooperatives and condominiums when temperatures in their units fall below certain temperatures during the heating season."

See https://www.nassaucountyny.gov/3352/Feedback-Complaints

Nassau Suffolk Law Services suggests "Contact the Town’s Building Inspector (also called a Code Enforcement Inspector), the Fire Marshall or the County’s Department of Health (for things like no heat, cesspool backup, and lead paint issues) to look at the problem."

See http://nslawservices.org/wp/?page_id=180

NEW YORK STATE OF THE JUDICIARY

For the webcast and full text of the 2015 State of the Judiciary presented by The Honorable Jonathan Lippman Chief Judge of the State of New York on Tuesday Febuary 17, 2015:

http://www.nycourts.gov/ctapps/soj.htm

MORTGAGE FORECLOSURE - ZOMBIE PROPERTIES

Attorney General Eric T. Schneiderman announced that, in the next two weeks, he will resubmit to the Legislature an expanded version of a bill he proposed last year to address the growing statewide problem of so-called "zombie properties" - vacant and abandoned homes that are not maintained during a prolonged foreclosure proceeding. The attorney general's program bill, the Abandoned Property Neighborhood Relief Act, aims to reduce the number of vacant and abandoned properties falling into disrepair across the state by informing homeowners of their right to stay in their home until a court orders the homeowner to leave, requiring mortgage lenders and servicers to identify, secure and maintain vacant and abandoned properties much earlier in the foreclosure process, and creating a registry of such properties to assist municipalities with enforcement of laws regarding property maintenance. - See more at: http://www.wnypapers.com/news/article/current/2015/02/16/119628/a.g.-schneiderman-to-submit-expanded-legislation-to-address-growing-problem-of-zombie-properties#sthash.enl1CnaX.dpuf"

CHILD SUPPORT - CONSTRUCTIVE EMANCIPATION

When the non-custodial parent/child relationship deteriorates, with respect to child support, constructive emancipation comes into play - a concern for the custodial parent and the child:

Matter of Jose R. v Yvette-Ortiz M., 2014 NY Slip Op 08371, Decided on December 2, 2014,
Appellate Division, First Department:

"The mother met her burden of showing that she should be relieved of her support
obligation, because the parties' 18-year-old son was constructively emancipated (see
Matter of Jurgielewicz v Johnston, 114 AD3d 945 [2d Dept 2014]; cf Schneider v
Schneider, 116 AD2d 714 [2d Dept 1986]). The record shows that in the months before
this proceeding was commenced, and throughout the following year, the son refused to
speak with the mother without explanation. During the same period, the mother made
efforts to maintain a relationship with him, calling him and sending letters and cards, but
he would not respond. There is no evidence that it was the mother that caused the
deterioration in the relationship (see Matter of Roe v Doe, 29 NY2d 188, 194 [1971];
Matter of Chamberlin v Chamberlin, 305 AD2d 595 [3d Dept 1997]; compare O'Sullivan
v Katz, 81 AD3d 480 [1st Dept 2011])."

CONVENIENCE ACCOUNTS

"Unlike the joint account, the convenience account does not grant anyone rights of survivorship over your assets. As such, any and all assets within your convenience account come back into your NY estate and are treated as probatable assets passing to your heirs after you are gone. Convenience accounts thereby afford a principle the right to bestow upon an agent the power to pay bills and expenses out of that account for their benefit without gifting the money away to the agent."

From http://www.queensestatelaw.com/Queens-Estate-Planning-Blog/2014/July/What-is-a-convenience-account-Estate-tool.aspx

And it appears that these type of accounts are not just an issue with estate planning. Banking Law Section 678 authorizing these accounts was enacted in 1991 and with respect to equitable distribution in matrimonials, "convenience" accounts, if funded by "separate property," will remain the separate property of the depositor

SENIOR CLINIC TODAY

The next Senior Clinic is scheduled for today Wednesday, February 11, 2015 9:30-11am in the Lecture Room. For more information, contact Demi Tsiopelas, Lawyer Services Coordinator, Nassau County Bar Association, 15th & West Streets, Mineola, NY 11501 - t. 516.747-4070 ext. 210

I will be a volunteer lawyer.

CHILD CUSTODY - RELOCATION ISSUE ON DISTANCES

In agreements, etc., the courts recognize a difference between radial distances and travel distances.

See Carreiro v Colbert 2014 NY Slip Op 51669(U) Decided on November 21, 2014 Supreme Court, Tompkins County Rumsey, J.:

"The Stipulation obligates defendant to pay travel fees to plaintiff if visitation occurs "at a relocated residence of the Mother approximately 200 miles from the Mother's current residence in Nyack, New York" (Stipulation, Article III [p. 8]). Precedent of the Appellate Division, which this court is bound to follow, shows that the Stipulation is not ambiguous, and requires that it be construed as obligating defendant to pay travel fees to plaintiff only if she relocates an approximate distance of more than 200 radial miles from her former residence in Nyack.

In Potier v Potier, 198 AD2d 180 (1993), the parties entered into a Separation Agreement permitting the plaintiff wife to relocate within 60 miles of the Empire State Building. Like the Stipulation at issue in this case, the Separation Agreement in Potier provided only the relevant distance without specifying whether it was to be measured on a straight-line basis or by the actual driving distance (see Record on Appeal, Potier, Vol. I, p. 66 [plaintiff "shall reside within sixty (60) miles of the Empire State Building"]). And, like the facts in this case, the wife relocated to a residence within the distance specified by the parties' agreement, if measured on a radial basis, but beyond the specified distance, if measured by the driving distance. On those facts, the Appellate Division, Second Department, unanimously affirmed the trial court's determination that the plaintiff wife's relocation to a new residence located 77 road miles from the Empire State Building did not violate the terms of separation agreement because it was located less than 60 radial miles therefrom. As a matter of law, having moved a distance of less than 163 radial miles, defendant did not relocate "approximately 200 miles" from her former residence, and she [*3]is not obligated under the Stipulation to pay travel fees to plaintiff."

ON NURSING HOMES AND GUARDIANSHIPS

See this article from a recent New York Times:

http://www.nytimes.com/2015/01/26/nyregion/to-collect-debts-nursing-home-seizing-control-over-patients.html

INSTALLATION DINNER

Last night was the 54th Annual Installation of Officers and Directors of the Levittown Chamber of Commerce and this is my second year as Director.

SENIOR CLINC FEBRUARY 11

The next Senior Clinic is scheduled for Wednesday, February 11, 2015 9:30-11am in the Lecture Room. For more information, contact Demi Tsiopelas, Lawyer Services Coordinator, Nassau County Bar Association, 15th & West Streets, Mineola, NY 11501 - t. 516.747-4070 ext. 210

FOR NEW YORK HOMEOWNERS WITH OIL TANKS

From the NYS AG:

"The Oil Spill Law, enacted in 1977, provides that anyone who discharges petroleum without a permit - even a very small amount - is "strictly liable" (liable without regard to fault) for all cleanup and removal costs. As a result, the owner of the oil tank from which the oil spilled or leaked - such as the homeowner whose heating oil tank leaks - may be required to pay for the cleanup regardless of whether the homeowner's actions "caused" the spill or leak. "

For a full discussion, see http://www.ag.ny.gov/environmental/oil-spill/introduction

NASSAU COUNTY PROPERTY TAX ASSESSMENT APPEALS

The deadline is March 3. For more information:

http://www.nassaucountyny.gov/3741/How-to-Appeal-Your-Assessment

FORECLOUSRE/SANDY CLINIC

Weather permitting, I will be volunteering today, Monday, February 2, 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, 15^th and West Streets, Mineola, NY 11501 at (516) 747-4070.