Decisions of Interest
September 29, 2010
Court Denies Joinder of Action That Would Delay Child Support Supreme Court, Nassau County, denied a father's attempt to join his child support obligation termination request to the mother's motion to have him held in contempt for failure to pay, as joinder would delay the proceedings, to the detriment of the children. BJG v. MDG, --- N.Y.S.2d ----, 2010 WL 3384903 (Sup. Ct., Nassau Cty., 8/31/10) (Falanga, J.). …
NJ & CT News
September 29, 2010
Happenings in neighboring states.
Key Considerations for Health Care Equipment Leasing in Today's Market
September 29, 2010
While there are a number of complexities to operating in the health care leasing arena, there also are more than ample opportunities. Those leasing companies that are proactive in mitigating certain industry risks have an opportunity to be very successful in this space.
Who Is a Parent?
September 29, 2010
In last month's newsletter, we looked at two recent cases in which New York courts determined that non-biological/non-adoptive parents could or could not seek ongoing relationships with their former romantic partners' children. The question that arises when looking at these two outcomes is, in which situations will a "virtual parent" be treated as a legal parent?
Same-Sex Marriage
September 29, 2010
On Aug. 10, the American Bar Association's governing body voted to adopt a policy calling for the elimination of all state, territorial and tribal laws restricting civil marriage for same-sex partners. The recommendation that the ABA throw its weight behind the initiative was proposed by a number of entities, including both the New York State and New York City Bar Associations. This is just one of the many new developments in the evolution of the gay marriage debate.
Discord over Non-Compliant Child Support Orders
September 29, 2010
The four Judicial Departments have now adopted three disparate rules of law with regard to the proper procedural course required to obtain review of a child support provision contained in a stipulation of settlement or agreement, incorporated by reference into a judgment or order, which is violative of DRL ' 240(1-b)(h) or FCA ' 413(1)(g).
Practice Tip: Playing Poker with Experts
September 29, 2010
Part One of this article described problems arising out of the substitution of experts, and discussed some recent case law. The conclusion herein presents some suggested ways of dealing with the situation.
Litigation
September 29, 2010
Recent rulings of interest.
Forensic Custody Reports
September 29, 2010
Cross-examination is a fundamental right and a key component of due process. Implicit in the right to cross-examine is the opportunity to do so effectively. Unfortunately, idiosyncratic practices by some judges with respect to disclosure of custody evaluation reports and the records underlying them often thwart the exercise of this most important right. Despite the official call for reform by the Matrimonial Commission, archaic limitations on access reminiscent of Star Chamber protocols continue to obstruct the disclosure essential to effective cross-examination.
