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  • Commentaries
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New York Case Commentaries

Supreme Court of New York Affirms Flexible Best Interests Standard in Custody Cases Involving Relocation

Supreme Court of New York Affirms Flexible Best Interests Standard in Custody Cases Involving Relocation

Date: Jan 1, 2025
Supreme Court of New York Affirms Flexible Best Interests Standard in Custody Cases Involving Relocation Introduction The case of Jesse HH. v. Lindsey II. adjudicated by the Supreme Court of New...
Suspension of Parental Rights Based on Detrimental Parenting Time: Gabrielle Q. v. James R.

Suspension of Parental Rights Based on Detrimental Parenting Time: Gabrielle Q. v. James R.

Date: Jan 1, 2025
Suspension of Parental Rights Based on Detrimental Parenting Time: Gabrielle Q. v. James R. Introduction The case of Gabrielle Q., Respondent, v. James R., Appellant (2024 N.Y. Slip Op. 6638)...
Excess Retirement Contributions: Mariani v. New York State and Local Retirement System

Excess Retirement Contributions: Mariani v. New York State and Local Retirement System

Date: Jan 1, 2025
Excess Retirement Contributions: Mariani v. New York State and Local Retirement System Introduction The case of Sarah M. Mariani v. New York State and Local Retirement System (2024 N.Y. Slip Op....
Affirmation of Burden of Proof in Justification Defense for Second-Degree Assault in Correctional Facilities

Affirmation of Burden of Proof in Justification Defense for Second-Degree Assault in Correctional Facilities

Date: Jan 1, 2025
Affirmation of Burden of Proof in Justification Defense for Second-Degree Assault in Correctional Facilities Introduction In the case of The People of the State of New York v. Lontez Brooks (2024...
Affirmation of Family Court’s Authority to Remove Children Based on Imminent Risk: Insights from Ayanna O. v. St. Lawrence County DSS

Affirmation of Family Court’s Authority to Remove Children Based on Imminent Risk: Insights from Ayanna O. v. St. Lawrence County DSS

Date: Jan 1, 2025
Affirmation of Family Court’s Authority to Remove Children Based on Imminent Risk: Insights from Ayanna O. v. St. Lawrence County Department of Social Services Introduction The case of Ayanna O.,...
Affirmation of Conviction and Denial of CPL 440.10 Motion in People v. Kellum: Implications for Criminal Contempt and Effective Assistance of Counsel

Affirmation of Conviction and Denial of CPL 440.10 Motion in People v. Kellum: Implications for Criminal Contempt and Effective Assistance of Counsel

Date: Jan 1, 2025
Affirmation of Conviction and Denial of CPL 440.10 Motion in People v. Kellum: Implications for Criminal Contempt and Effective Assistance of Counsel Introduction People of the State of New York v....
Supreme Court Affirms Mootness and Upholds Attorney General’s Representation in FOIL Article 78 Proceedings

Supreme Court Affirms Mootness and Upholds Attorney General’s Representation in FOIL Article 78 Proceedings

Date: Jan 1, 2025
Supreme Court Affirms Mootness and Upholds Attorney General’s Representation in FOIL Article 78 Proceedings Introduction In the case of Cory H. Morris v. New York State Police et al. (2024 N.Y. Slip...
Affirmation of Evidence Sufficiency and Pretrial Silence Admissibility in People v. Neshad Grady

Affirmation of Evidence Sufficiency and Pretrial Silence Admissibility in People v. Neshad Grady

Date: Jan 1, 2025
Affirmation of Evidence Sufficiency and Pretrial Silence Admissibility in People v. Neshad Grady Introduction The case of The People of the State of New York, Respondent, v. Neshad Grady, Also Known...
Reaffirming Standards for Substantiating Child Maltreatment in Foster Care: Analysis of Naomi NN. et al. v. New York State Office of Children & Family Services

Reaffirming Standards for Substantiating Child Maltreatment in Foster Care: Analysis of Naomi NN. et al. v. New York State Office of Children & Family Services

Date: Jan 1, 2025
Reaffirming Standards for Substantiating Child Maltreatment in Foster Care: Analysis of Naomi NN. et al. v. New York State Office of Children & Family Services Introduction In the landmark case of In...
Ensuring Transparency and Compliance: Supreme Court Upholds License Revocation of ExceedLLC for Misleading Practices

Ensuring Transparency and Compliance: Supreme Court Upholds License Revocation of ExceedLLC for Misleading Practices

Date: Jan 1, 2025
Ensuring Transparency and Compliance: Supreme Court Upholds License Revocation of ExceedLLC for Misleading Practices Introduction The case of ExceedLLC, LLC, et al. v. Department of State Division of...
Remitting Visitation Enforcement Proceedings in Family Law: Christopher Y. v. Sheila Z.

Remitting Visitation Enforcement Proceedings in Family Law: Christopher Y. v. Sheila Z.

Date: Jan 1, 2025
Remitting Visitation Enforcement Proceedings in Family Law: Christopher Y. v. Sheila Z. Introduction In the landmark case of Christopher Y. v. Sheila Z. (2024 N.Y. Slip Op. 6631), the Supreme Court...
Affirmation of Separation of Powers in Public Health Legislation: Clarke v. Azar II et al.

Affirmation of Separation of Powers in Public Health Legislation: Clarke v. Azar II et al.

Date: Jan 1, 2025
Affirmation of Separation of Powers in Public Health Legislation: Clarke v. Azar II et al. Introduction The case of Nigel Clarke v. Alex Azar II, et al. examined the constitutional boundaries of...
Affirmation of Controlled Substance Convictions Reinforces Law Enforcement Procedures in Substance Crimes

Affirmation of Controlled Substance Convictions Reinforces Law Enforcement Procedures in Substance Crimes

Date: Jan 1, 2025
Affirmation of Controlled Substance Convictions Reinforces Law Enforcement Procedures in Substance Crimes Introduction The case of The People of the State of New York v. Victor D. Guy (2024 N.Y. Slip...
Affirmation of Constructive Possession in Criminal Weapons Case: People v. Graham

Affirmation of Constructive Possession in Criminal Weapons Case: People v. Graham

Date: Jan 1, 2025
Affirmation of Constructive Possession in Criminal Weapons Case: People v. Graham Introduction In the case of The People of the State of New York v. Leon I. Graham (2024 N.Y. Slip Op. 6627), the...
Affirmation of Strict RPAPL 1304 Compliance in Foreclosure Proceedings: Bank of New York Mellon v. Dilavore

Affirmation of Strict RPAPL 1304 Compliance in Foreclosure Proceedings: Bank of New York Mellon v. Dilavore

Date: Dec 27, 2024
Affirmation of Strict RPAPL 1304 Compliance in Foreclosure Proceedings: Bank of New York Mellon v. Dilavore Introduction The case of Bank of New York Mellon, etc., v. John A. Dilavore, etc. (2024...
Reversal of Summary Judgment in Valdez v. Classic Hauling Establishes Rigorous Standards for Serious Injury under Insurance Law § 5102(d)

Reversal of Summary Judgment in Valdez v. Classic Hauling Establishes Rigorous Standards for Serious Injury under Insurance Law § 5102(d)

Date: Dec 27, 2024
Reversal of Summary Judgment in Valdez v. Classic Hauling Establishes Rigorous Standards for Serious Injury under Insurance Law § 5102(d) Introduction In the landmark case of Priscilla Valdez, et...
Foreclosure Abuse Prevention Act (FAPA): Retroactive Application Limits Mortgage Foreclosures

Foreclosure Abuse Prevention Act (FAPA): Retroactive Application Limits Mortgage Foreclosures

Date: Dec 27, 2024
Foreclosure Abuse Prevention Act (FAPA): Retroactive Application Limits Mortgage Foreclosures Introduction In the landmark case of 97 Lyman Avenue, LLC v. MTGLQ Investors, L.P., adjudicated by the...
Affirmation of Default Judgment Standards: Strict Compliance with CPLR Service Requirements

Affirmation of Default Judgment Standards: Strict Compliance with CPLR Service Requirements

Date: Dec 27, 2024
Affirmation of Default Judgment Standards: Strict Compliance with CPLR Service Requirements Introduction In the case of Michelle Gilhuys v. Angela Trovato (2024 N.Y. Slip Op. 6580), the Supreme Court...
Establishing Rigorous Standards for Modifying Custody and Parental Access Orders: Insights from Morales v. Diaz

Establishing Rigorous Standards for Modifying Custody and Parental Access Orders: Insights from Morales v. Diaz

Date: Dec 27, 2024
Establishing Rigorous Standards for Modifying Custody and Parental Access Orders: Insights from Morales v. Diaz Introduction The case of Chana Morales v. Franklin Diaz (2024 N.Y. Slip Op. 6610)...
Establishing the Nullity of Dismissals Post-Party Death Without Substitution in Legal Malpractice Claims

Establishing the Nullity of Dismissals Post-Party Death Without Substitution in Legal Malpractice Claims

Date: Dec 27, 2024
Establishing the Nullity of Dismissals Post-Party Death Without Substitution in Legal Malpractice Claims Introduction In the landmark case of Cheryl Lee, et al., v. Leeds, Morelli & Brown, P.C., et...
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