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#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".

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#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.

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#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.

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#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.

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#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.

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#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.

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#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.

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#462 Third Department Caselaw Round-Up for October 18, 2012, Part 10 of 11

October 17, 2013

462 Post 10-18-12, Part 10 Third Department October.pngThe first case deals with issues that seem to come up all the time in my practice: the intersection of maintenance, child support, and educational expenses.

The second case deals with another related issue: malingering on one's child support obligation.

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#461 Third Department Caselaw Round-Up for October 18, 2012, Part 9 of 11

October 17, 2013

461 Post 10-18-12, Part 9 Third Department October.pngThe first case is another gem, which illustrates how the UCCJEA works. It is also one of the few decisions I've read so far - out of thousands - that deal with the doctrine of law of the case.

The second case is yet another example of a dangerous sex offender. And, once again, this one is nasty.

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#460 Third Department Caselaw Round-Up for October 18, 2012, Part 8 of 11

October 17, 2013

460 Post 10-18-12, Part 8 Third Department October.pngThe first case illustrates what happens in a divorce when the husband makes substantially more than the wife. In this case, the husband earned EIGHT times more than the wife. Sure, it's expensive, but such is life. That's the price of becoming a single man after so many years of marriage.

The second case illustrates what a cluster@#$% looks like.

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#459 Third Department Caselaw Round-Up for October 18, 2012, Part 7 of 11

October 16, 2013

459 Post 10-18-12, Part 7 Third Department October.pngThe first case is instructive in illustrating how NOT to preside over a family court proceeding as a judge.

The second case involves another interesting case with many factors. Despite being affirmed, this appeal was quite thorough by yet another appellate counsel whose name appears in these decisions quite often.

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#458 Third Department Caselaw Round-Up for October 18, 2012, Part 6 of 11

October 16, 2013

458 Post 10-18-12, Part 6 Third Department October.pngI didn't post anything yesterday because I had the post-vacation blues. Without fail, after every vacation I ever take, I literally need at least a one-day vacation from my vacation, just to ease back into the reality of everyday life. So, I wasn't exactly in the mood to post anything yesterday. The longer the vacation, the tougher it is to get back to work. Simple inertia, really. And the older I get, the tougher it seems to be to get back to work. I greatly enjoyed our mini-vacation to the White Mountains and would have loved to have gotten more hiking in. Maybe another time.

Two more cases, both from family courts.

The first case involves a large number of factors and showcases what is expected of attorneys for children in cases like this.

The second case involves the prickly issue of prison visitation. This is a sterling decision by the Third Department as it nails every issue and reverses obvious errors.

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#457 Third Department Caselaw Round-Up for October 18, Part 5 of 11

October 14, 2013

457 Post 10-18-12, Part 5 Third Department October.pngThe first case looks a lot like a garden variety family court case, which makes it somewhat instructive since there are no real oddities to it.

The second case involves the first time I've found a substantive mistake within a decision. There is no such statute as Penal Law ยง1193. The court confused it with the Vehicle and Traffic Law.

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#456 Third Department Caselaw Round-Up for October 18, 2012, Part 4 of 11

October 14, 2013

456 Post 10-18-12, Part 4 Third Department October.pngIn the first case, you will find the prolific Cynthia Feathers. I believe that this woman has perfected around 400 appeals, possibly in all four departments and beyond. You will discover her name often in the decisions of the Third Department.

The second case is yet another example of an order that should never have been appealed.

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#455 Third Department Caselaw Round-Up for October 18, 2012, Part 3 of 11

October 13, 2013

455 Post 10-18-12, Part 3 Third Department October.pngThe first case is an excellent showcase regarding the judicial limits in ordering non-custodial parents to provide health insurance coverage to their children. Frankly, I've had a lot of people ask me about this issue recently and I am extremely glad to discover that this (relatively) new case is directly on point.

The second case is an example of filing an appeal where a simple motion would have sufficed. These are the sorts of cases that annoy the Third Department.

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