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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 §1193. 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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#454 Third Department Caselaw Round-Up for October 18, 2012, Part 2 of 11

October 13, 2013

450 Post 10-18-12, Part 2 Third Department October.pngThe first case is a mélange of Family Court Act Articles 6, 8, and 10 which turns out to be much ado about nothing.

The second case is a classic example of how a custodial parent can lose that custody despite having been the custodial parent for a long time. So, if you want to keep custody of your children, always keep their best interests in mind.

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#453 Third Department Caselaw Round-Up for October 18, 2012, Part 1 of 11

October 12, 2013

449 Post 10-18-12, Part 1 Third Department October.pngThe first case is a bit of a shock since I think any first year law student would have a problem with it. What the hell was this judge thinking?

The second case involves a dangerous sex offender.

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#452 Third Department Caselaw Round-Up for October 11, 2012, Part 1 of 1

October 12, 2013

445 Post 10-11-12 Third Department October.pngAnd, of course, we run into yet another week of no decisions. Not to worry: the week of October 18, 2012 more than makes up for the drought of cases in early October. You'll see, starting this afternoon.

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#451 Third Department Caselaw Round-Up for October 4, 2012, Part 1 of 1

October 11, 2013

444 Post 10-04-12 Third Department October.pngAnd here we have yet another week of no decisions. Which means we are moving right along on the remainder of these 2012 decisions.

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#450 Third Department Caselaw Round-Up for September 27, 2012, Part 4 of 4

October 11, 2013

443 Post 09-27-12, Part 4 Third Department September.pngIf you honestly want to be able to have the right of visitation granted to you by a court, it's probably best not to wait until the eleventh hour - just before a hearing occurs to terminate your parental rights.

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#449 Third Department Caselaw Round-Up for September 27, 2012, Part 3 of 4

October 10, 2013

442 Post 09-27-12, Part 3 Third Department September.pngThe first case involves the interplay of §1027 and §1028. I was hoping to view some incisive and precedential caselaw here, but the appeal was mooted.

Every now and then you come across a case the likes of which you've never seen before. This second case is such a case, but in the form of an Anders brief.

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#448 Third Department Caselaw Round-Up for September 27, 2012, Part 2 of 4

October 10, 2013

441 Post 09-27-12, Part 2 Third Department September.pngFamily Court is all about the best interests of the children. However, in order for the court to even begin an inquiry with regard to best interests, one has to clear the hurdle of a change in circumstances.

And, we have yet another SORA appeal. Gee, I wonder what happens!

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#447 Third Department Caselaw Round-Up for September 27, Part 1 of 4

October 9, 2013

440 Post 09-27-12, Part 1 Third Department September.pngHurray! A new family law case. Gee, haven't seen any of those in a while, have we? Say, why not throw a sex offender case into the mix as well?

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#446 Third Department Caselaw Round-Up for September 20, 2012, Part 2 of 2

October 9, 2013

439 Post 09-20-12, Part 2 Third Department September.pngThis morning we have two criminal cases from Ulster County, one a robbery and the other a drug sale. Same court, same appellate counsel, same argument on appeal. Both appeals could likely have been disposed of via Anders briefs. However, with a little creative lawyering, Anders briefs were avoided.

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