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New Procedures for the Disciplining of Attorney’s Effective 10/1/16

Click here for a copy of 22 NYCRR Part 1240 governing the new procedures for disciplining attorneys. 

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Newly Revised Matrimonial Forms for Contested Divorce-Effective August 1, 2016

The new forms, a revised Preliminary Conference Stipulation/Order – Contested Matrimonial and a revised Statement of Net Worth, pursuant to section 202.16 (f)(2(v) and 202.16(b) of the Uniform Rules for the Supreme and County Courts, have been approved by the Administrative Board and are effective August 1, 2016. The newly revised forms are posted ...

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Attorney-Client Privilege -Revocable Trusts

Please be advised that the CPLR 4503 (b) has been amended to read: (b) Wills and revocable trusts. In any action involving the probate, validity or construction of a will or, after the grantor's death, a revocable trust, an attorney or his employee shall be required to disclose information as to the preparation, execution or revocation of any will,...

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Facility was not allowed to Petition Guardian Court for Appointment of a Guardian of the Person Solely to Submit Medicaid Application on Behalf of the IP

 Matter of Restaino (AG) 2012 NY Slip Op 22236 Decided on August 29, 2012 Supreme Court, Nassau County Diamond, J.  Quoted from the Decision: " The petition presented in this Art. 81 guardianship proceeding raises two questions that this court has not previously addressed. The first is whether it is appropriate for a facility to petition ...

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Even Though Finally Receiving Care Services, Plaintiff Must Be Heard on Claim of Agency’s Failure to Advise of Their Temporary Availability Earlier

 ARGUMENT OVER "MOOTNESS"  She didn't get the services at first, but did ultimately, and her suit against the Human Resources Administration is based on the agency's failure to notify her about a right to temporary services during the pendency of her application. She claimed that right to notice under § 133 of the Social Services Law. The...

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