ATTORNEY ADVERTISING
PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME

#477 Third Department Caselaw Round-Up for November 29, 2012, Part 1 of 4

November 2, 2013

477 Post 11-29-12, Part 1 Third Department November.pngThe first case illustrates why it is so important to file a notice of appeal well within the thirty-five (35) day deadline, once the copy of the order is mailed to you.

The second case involves one mother, two fathers, three appellants, four proceedings, five orders, and six attorneys. What fun [not!].

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Continue reading "#477 Third Department Caselaw Round-Up for November 29, 2012, Part 1 of 4" »

#476 Third Department Caselaw Round-Up for November 22, 2012, Part 1 of 1

November 1, 2013

476 Post 11-22-12 Third Department November.pngThere were no decisions published for this week as it was Thanksgiving.

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Continue reading "#476 Third Department Caselaw Round-Up for November 22, 2012, Part 1 of 1" »

#475 Third Department Caselaw Round-Up for November 15, 2012, Part 3 of 3

November 1, 2013

475 Post 11-15-12, Part 3 Third Department November.pngThe first case is the next rung on the ladder ABOVE an Anders Brief. That next rung is an appellate brief that only argues that the defendant's sentence is harsh and excessive. Such arguments are overwhelmingly dismissed by the Third Department (though, on rare occasions, they do win).

The second case is another SORA appeal. Yes, SORA appeals are quite common and if you engaged in a SORA hearing you would understand why. However, this SORA appeal is particularly nasty, given the profession of the sex offender.

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Continue reading "#475 Third Department Caselaw Round-Up for November 15, 2012, Part 3 of 3" »

#474 Third Department Caselaw Round-Up for November 15, 2012, Part 2 of 3

November 1, 2013

474 Post 11-15-12, Part 2 Third Department November.pngThe first case is ... another Anders Brief. Seriously.

And, for your enjoyment, the second case is ... another SORA appeal.

Also, I keep meaning to mention it, but I always seem to forget. If you're not already an avid reader of Paul Rapp, then I whole-heartedly suggest that you become one. Check out his intellectual property column in the weekly Metroland. Those of us "of a certain age" remember him as Lee Harvey (later, F. Lee Harvey) Blotto, the drummer from the band called ... it's right on the tip of my tongue ... what's the name of that band again? Anyway, check out his column and be ready to belt out a few belly laughs.

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Continue reading "#474 Third Department Caselaw Round-Up for November 15, 2012, Part 2 of 3" »

#473 Third Department Caselaw Round-Up for November 15, 2012, Part 1 of 3

October 31, 2013

473 Post 11-15-12, Part 1 Third Department November.pngThe first case is another Anders Brief. Now you realize how common they are.

The second case is ... the return of an appeal that had originally been submitted as an Anders Brief - but one with which the Third Department disagreed. Ultimately, though, it was six of one, half a dozen of the other.

Also, as I am closing in on Case #400, if you've been reading these cases/decisions right along with me, as well as reading my legal analysis of each one, then you're doing what people have done for centuries: reading the law. It's basically how one trains to become an attorney in the first place. Sadly, upon graduating from law school, it often becomes a lost art. Nevertheless, the best way to keep one's legal analytical reasoning skills intact - while also keeping abreast of current case law - is to regularly read the decisions issued by the various courts. So, remember: every Thursday, check out the Third Department's website for the latest decisions.

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Have a happy and safe Halloween!

Continue reading "#473 Third Department Caselaw Round-Up for November 15, 2012, Part 1 of 3" »

#472 Third Department Caselaw Round-Up for November 8, 2012, Part 6 of 6

October 31, 2013

472 Post 11-08-12, Part 6 Third Department November.pngThis final case for this week ... is a mess. Once again, I disagree with the Third Department (which seems to be happening a lot lately!) and I would have remanded this mess back to the family court.

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Continue reading "#472 Third Department Caselaw Round-Up for November 8, 2012, Part 6 of 6" »

#471 Third Department Caselaw Round-Up for November 8, 2012, Part 5 of 6

October 30, 2013

471 Post 11-08-12, Part 5 Third Department November.pngThe first case is ... yet another Anders Brief, which is granted.

The second case deals with the failure to state a cause of action in a petition before the Family Court. I have a problem with this decision as well.

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

And have a safe and mischievous Hell Night, everyone! This was once one of my favorite nights of the year. And now I'm a homeowner. What comes around and all that ...

Continue reading "#471 Third Department Caselaw Round-Up for November 8, 2012, Part 5 of 6" »

#470 Third Department Caselaw Round-Up for November 8, 2012, Part 4 of 6

October 30, 2013

470 Post 11-08-12, Part 4 Third Department November.pngSlammed with work right now, which is why there haven't been any new posts in a while.

The first case involves a claim of ineffective assistance of counsel which I believe may have had serious merit and, despite being swept under the rug by the Third Department, should have been addressed head-on as Something Attorneys Should Never Do. The Third Department had a chance to make law here. Instead, the Third Department punted. Pity.

The second case involves an Anders Brief in a family court appeal.

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Continue reading "#470 Third Department Caselaw Round-Up for November 8, 2012, Part 4 of 6" »

#469 Third Department Caselaw Round-Up for November 8, 2012, Part 3 of 6

October 20, 2013

469 Post 11-08-12, Part 3 Third Department November.pngIf and when I can find the time, I think I'm going to start a whole new series of caselaw round-ups dedicated solely to reported cases of non-appealed traffic tickets from village, town, city, and county courts, since I seem to handle more and more of them. And, really, some of those traffic ticket cases are hysterically funny. Anywho ...

Speaking of traffic tickets, the first case involves just that. When does "mandatory" mean mandatory? When it's mandatory, that's when. Also, it truly is amazing how much can hang on a single word. In this case, that word is "or".

The second case requires the playing of the Talking Heads' song "Burning Down The House".

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Continue reading "#469 Third Department Caselaw Round-Up for November 8, 2012, Part 3 of 6" »

#468 Third Department Caselaw Round-Up for November 8, 2012, Part 2 of 6

October 20, 2013

468 Post 11-08-12, Part 2 Third Department November.pngThe first case is another in a long line of cases in the series of "How Badly Did BESO Screw This One Up?"

The second case? Beware submitting the Anders Brief.

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Continue reading "#468 Third Department Caselaw Round-Up for November 8, 2012, Part 2 of 6" »

#467 Third Department Caselaw Round-Up for November 8, 2012, Part 1 of 6

October 19, 2013

467 Post 11-08-12, Part 1 Third Department November.pngThe first case is about how arrogance and ego can blind a former judge as to an explicit proscription of the law. And now he's a district attorney. Again. Yayyyyyyyy!

The second case is about a sex offender being given a gift and the sex offender feeling that it's not nearly enough. Gratitude. It's a wonderful thing. Also, if you want to be treated fairly as a sex offender, then you probably shouldn't live in New York state.

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Continue reading "#467 Third Department Caselaw Round-Up for November 8, 2012, Part 1 of 6" »

#466 Third Department Caselaw Round-Up for November 1, 2012, Part 1 of 1

October 19, 2013

466 Post 11-01-12 Third Department November.pngThe first case is an example of what happens when you refuse to deal with your problems - the court takes your children away from you.

The second case is yet another in a series concerning prison visitation.

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Continue reading "#466 Third Department Caselaw Round-Up for November 1, 2012, Part 1 of 1" »

#465 Third Department Caselaw Round-Up for October 25, 2012, Part 2 of 2

October 18, 2013

465 Post 10-25-12, Part 2 Third Department October.pngThe first case is a perfect example of orders that not only should not have been appealed, but also could not have been appealed.

The second case contains a warning to family court judges to engage in "more expansive" colloquys (i.e., CYA) when it comes to problematic litigants who wish to discharge their attorneys and proceed pro se.

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Continue reading "#465 Third Department Caselaw Round-Up for October 25, 2012, Part 2 of 2" »

#464 Third Department Caselaw Round-Up for October 25, 2012, Part 1 of 2

October 18, 2013

464 Post 10-25-12, Part 1 Third Department October.pngThe first case is included herein simply because it caught my fancy. It doesn't have anything to do with criminal or family law, but it seemingly has everything to do with families and how they sometimes interact.

After having stated that the doctrine of law of the case rarely appears on appeal, here we have another case mentioning this doctrine! Interesting.

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Continue reading "#464 Third Department Caselaw Round-Up for October 25, 2012, Part 1 of 2" »

#463 Third Department Caselaw Round-Up for October 18, 2012, Part 11 of 11

October 18, 2013

463 Post 10-18-12, Part 11 Third Department October.pngThis last case demonstrates that being a grandparent alone is not enough to allow your petition to survive a motion to dismiss. As a grandparent, in order to acquire and maintain visitation with your grandchildren, you need to show the existence of a prior existing relationship with the grandchildren in question. Otherwise, you'd damned well better be on very good terms with the grandchild's parents.

Check out the website and find "Fees" on the right of the upper navigation bar. Click "Fees" and scroll down to "12Q: Do you handle appeals and, if so, how much do you charge?" I am certain that you will discover that my rates are very hard to beat. Give me a call or send me an email.

Continue reading "#463 Third Department Caselaw Round-Up for October 18, 2012, Part 11 of 11" »