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May 2013 Archives

#380 Third Department Caselaw Round-Up for May 31, 2012, Part 5 of 6

May 22, 2013

380 Post 05-31-12, Part 5 Third Department May.pngFirst, some housekeeping issues. I have not published any blog posts since May 3, 2013, because I have been quite busy. Apart from my personal and professional obligations, I am in the midst of overhauling both this web site and the blog as well.

You will note that the blog roll is gone along the far right-hand side of the blog. It didn't seem to make sense having a blog roll of legal blogs that I never referred to or even viewed. So, I am in the midst of creating a new and much larger blog roll, much more attuned to my tastes, and filled with blogs I view multiple times a day.

Also, the topics roll has been reduced from its unwieldy list of 25 categories to a much more manageable 13 categories. Many of those categories that have been removed have found new homes, as subheadings, elsewhere.

The top navigation bar shall be changed soon as well. The sections of "Attorney Profile" and "Practice Areas" will be reorganized. There will also be several new buttons on the top navigation bar, such as "Counties", "Fees", and "FAQs", and, perhaps, "Resources". Hopefully the overhaul will provide even more information to prospective clients.

Change is a good thing.

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#379 Third Department Caselaw Round-Up for May 31, 2012, Part 4 of 6

May 3, 2013

379 Post 05-31-12, Part 4 Third Department May.pngThe first case illustrates the rarely seen doctrine of equitable estoppel. However, when this doctrine appears, it always seems to be in the context of paternity, at least in family court proceedings. The crux of this doctrine, in family law, is this: what is the child's perspective?

The second case involves another TPR petition.

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#378 Third Department Caselaw Round-Up for May 31, 2012, Part 3 of 6

May 3, 2013

378 Post 05-31-12, Part 3 Third Department May.pngThe first case is the classic application of Tropea to the fact pattern. Mom wants to relocate. Dad opposes the relocation. Mom has a number of factors she needs to prove in order to be able to relocate.

The second case? Can you say SSL §384-b? Sure, I knew ya could. And, once again, the results speak for themselves.

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#377 Third Department Caselaw Round-Up for May 31, 2012, Part 2 of 6

May 3, 2013

377 Post 05-31-12, Part 2 Third Department May.pngWe'll call this one Bad Father, Good Father.

The first case illustrates the chaos some children have to deal with when one or both of their parents act like children themselves. It also shows that if a change in circumstances is present, then even orders that are only days old can be modified.

The second case is yet another warning to parents to get along for the sake of their children - or else. The "or else" usually means the end of joint legal custody. If you can't play nice with one another, then you will force the court to choose the better parent.

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#376 Third Department Caselaw Round-Up for May 31, 2012, Part 1 of 6

May 1, 2013

376 Post 05-31-12, Part 1 Third Department May.pngThe first case asks more questions than it answers. It also illustrates the dangers of an inartfully drafted stipulation of settlement that makes assumptions about the law.

The second case concerns SSL §384-b again. While such appeals are almost always affirmed, I follow these specific cases because, once in a great while, they are reversed on appeal. However, this case is not one of them.

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#375 Third Department Caselaw Round-Up for May 24, 2012, Part 1 of 1

May 1, 2013

375 Post 05-24-12 Third Department May.pngSometimes, things are not always as they appear. And, sometimes, decisions are not as clear as they really need to be. And, sometimes, it makes one wonder what the hell is really going on.

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