Unsigned Reclassification Paperwork Cannot Expand Civil Service Title Duties for Out-of-Title Work Analysis 1. Introduction Matter of Theopheles v. County of Rensselaer (Appellate Division, Third...
When Parent–Grandparent Conflict Makes “As-Agreed” Visitation Untenable, Family Court Must Set a Definitive Schedule Matter of Justine N. v. Michelle P., 2026 NY Slip Op 03497 (App Div 3d Dept June...
Diligent Efforts for Incarcerated Parents: Reasonable Contact Suffices, but Relative Placement Requires Affirmative Investigation 1. Introduction In Matter of Aliano E. (Alan E.) (2026 NY Slip Op...
MHL Article 81: Courts May Not Sua Sponte Modify Guardianship Powers, and Compensation Reductions Require Notice and a Reasonableness Hearing Case: Matter of Karissa W., 2026 NY Slip Op 03490 (App...
People v. Jackson: When the People Concede They Were Not Actually Ready, CPL 30.30 Requires a Fact-Finding Hearing to Allocate Chargeable Time Despite a Filed COC/SOR Case: People v Jackson, 2026 NY...
Custody Modification Requires a Threshold “Change in Circumstances” Finding Before Best-Interests Review (Error May Be Harmless if Record Independently Establishes the Change) 1. Introduction Matter...
Default Does Not Bar Appellate Review of Contested Inquest Issues in Family Court Custody Proceedings 1. Introduction Matter of Rachel QQ. v. Jaime QQ. (2026 NY Slip Op 03494) is a Third Department...
Impass-Tie-Breaker Authority in Joint Legal Custody and Required Record Development Before Denying Expanded Parenting Time 1. Introduction Matter of Andrew O. v Jessica P. (Appellate Division, Third...
“Issued” Means Mailed/Notified Under 7 NYCRR 201.5: DOCCS Must Prove the Mailing Date to Defeat an Article 78 on Exhaustion 1. Introduction Matter of Moses v New York State Dept. of Corr. & Community...
People v Pittman: “What’s in there?” Is Custodial Interrogation, and Secured-Bag Searches Incident to Arrest Require Proven Exigency 1. Introduction In People v Pittman (Appellate Division, Third...
Vacating Open-Ended CPLR Stays Tied to Foreign Proceedings After Prolonged Delay—Especially in Nazi-Looted Art Cases I. Introduction Estate of Margaret Kainer v Christies Inc. (2026 NY Slip Op 03506...
People v. Roberts: No Pocket Search Without a True Pat-Down or a Contemporaneous Intent to Arrest Introduction In People v Roberts (2026 NY Slip Op 03476 [3d Dept June 4, 2026]), the Appellate...
Mootness in Custody/Visitation Appeals After Superseding Family Court Orders, While Preserving Review of an Unaddressed Violation Dismissal 1. Introduction Matter of James EE. v Vanessa EE....
Therapeutic Reunification as a Condition Precedent to Implementing Grandparent Visitation Under Domestic Relations Law § 72 Case: Matter of Shirley XX. v. Molly YY. Court: Appellate Division of the...
Mandamus Lies to Compel SPRTKA-Compliant Sewage Discharge Alerts (and Hybrid Declaratory Claims May Be Summarily Resolved When Parties Chart That Course) 1. Introduction Case: Matter of Riverkeeper,...
Rolling Escrow Deficiencies as Misappropriation: Three-Year Suspension for Persistent Shortages and Non-Reconciliation Commentary on Matter of Silverman, 2026 NY Slip Op 03446 (App Div, 2d Dept June...
Demand-and-Refusal Accrual for Escrow-Fund Claims Against Attorneys (and Pleading Limits for Non-Actors) 1. Introduction Case: Jianjun Qiao v Tang, 2026 NY Slip Op 03430 (App. Div. 2d Dep’t June 3,...
Lederman v. Lederman: No Retroactive Reduction of Child-Support Arrears Without Poverty-Guideline Proof; Contempt and Mandatory Fee-Shifting for Willful Nonpayment 1. Introduction Case: Lederman v...
Municipal Emergency Demolition Oversight as a Proprietary Function: No Governmental-Function Immunity, and Contractual Control Can Create Labor Law § 241(6) Exposure 1. Introduction Fahey v Worship...
Judiciary Law § 487 Claims Against Foreclosure Counsel: No Claim Preclusion, No Collateral Attack, and Accrual When Damages Are Inferable (with Continuing-Wrong Tolling) Case: Jacobson v Fein, Such &...