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Greater Capital Region

One of the stranger aspects of having a website and blog is publishing all sorts of information on being an attorney in the Capital District and still having people call me from all over the nation, asking me to represent them in states or counties that I do not practice in. Clearly, they found me on the internet. And, just as clearly, they never took the time to actually read where I practice law.

While I have, on occasion, practiced outside of the eleven (11) county Greater Capital Region, I mostly practice within it, and usually close to home in the counties of Saratoga, Schenectady, Rensselaer, and Albany.

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Depositphotos_1006165_XS-300x200I’ve been practicing law now for over twenty-four (24) years. On one level, it doesn’t feel like a long time at all. Yet, on another, when I see how young I look in the photos of my swearing in, way back in August of 1992, I realize it’s been a very long time indeed. I’m a bit fatter, grayer, balder, and, older now.

When I started as an attorney, I had three basic goals in mind, all of pretty much equal value: to learn something new every day, to help people, and to earn a decent living. I think this is pretty much what every human being wants from their lives. For twenty-four years, I’ve mostly been able to live that kind of life.

Until recently.

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ImpressionHello. After a hiatus of over sixteen months, I’m back again. It’s funny. I distinctly remember publishing that last post, back on July 19, 2015, before feeling like I needed a break. I felt a bit burned out and figured I’d take a week or two off from posting. But, a week turned into two weeks which turned into a month and then I was off on vacation. And then the bottom dropped out of my life. I always hate it when that happens. Only now am I returning to where I left off. As you might guess, there’s been a really good reason for my absence.

After spending a wonderful week with my family in Cape May, New Jersey, in August, 2015, we decided upon having a mini-vacation over Labor Day in Wells, Maine, one of our favorite vacation spots. Just as I was getting back in the swing of things – and about to start publishing more blog posts – something truly horrible happened.

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732 Post 10-17-13 Third Department October.pngNot long ago I analyzed a case very similar to this one, involving a District Attorney’s office that delayed beyond the statutory six months on an indictment. As a result, the indictment was dismissed outright. I remember stating that these sorts of things are quite rare. Well, here we have another instance of such a delay, again resulting in the dismissal of the indictment. So … maybe not as rare as I once thought.
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727 Post 10-17-13 Third Department October.pngMost custody battles are pretty innocuous and easily resolved. In fact, the overwhelming majority get resolved on consent with the remainder being tried and the parties accepting the results of the trial. I would imagine that somewhere around 1% of all custody disputes ever actually make it to an appeal.
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726 Post 10-17-13 Third Department October.pngSometimes, judges get creative. And that’s not necessarily a bad thing. In fact, I laud judges for being intellectually curious and daring enough to craft and tailor unique orders according to the needs of the children that come before them. However, if that creativity is not supported by the testimony adduced at trial, then the creative order becomes so much form over substance. And that’s no good for anyone.
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