After five years of litigation, a HoganWillig client was finally compensated by the State of New York for the nearly fourteen years they were imprisoned for a crime that they did not commit. The client’s 2.7 million dollar settlement with the State of New York stemmed from a claim under Section 8b of New York’s Court of Claims Act. The client became eligible to file a claim under Section 8b after their conviction was overturned in 2007.
In these winter months of sledding, snowmobiling and frolicking in the snow, you might wonder if you could be held liable if someone is hurt while having some fun on your property. New York has a law for that! Section 9-103 of our state’s General Obligations Law, commonly known as the recreational use statute, recognizes the value and importance to New Yorkers of pursuing recreational activities, and encourages landowners to open their land for recreational use without fear of liability in most circumstances.
In New York State, the Family Court and Supreme Court may appoint an Attorney for the Child (“AFC”), to represent the interests of the child/ren in contested custody and/or access proceedings, as well as in neglect and abuse proceedings, juvenile delinquency proceedings and persons in need of supervision (PINS) proceedings. Formerly referred to as Law Guardians, the role of the AFC has evolved over time to the point where the attorney is no longer an adjunct of the Court whose function is to articulate what is best for the child but a zealous advocate, fighting for the child’s position.
Medicaid is a joint federal-state Social Security program established by federal law in 1965. The laws governing Medicaid vary depending on whether the applicant is single or married, receiving services in the community or in a nursing home, and under or over the age of 65. Disabled individuals of any age, and medically needy individuals over the age of 65 are eligible for Medicaid as long as they meet the financial criteria.
Well, here we are a new year and another new tax law. The American Taxpayer Relief Act of 2012 came to be on January 2, 2013. The law addresses the expiring “Bush Era Tax Cuts” previously addressed on this blog and many, many, other places. Here is what the new tax law does for individuals- note that the fixes are made permanent unless otherwise noted. An important note, “permanent” means there is no set expiration; it does not mean the law cannot be changed again. Finally, not every aspect is addressed here.
Many commercial landlords often find themselves litigating the terms of a lease agreement to obtain a recovery against a tenant that has defaulted. To increase the likelihood of succeeding against a tenant that has defaulted, the following three provisions should be included in the lease agreement:
As of the end of September, 2012, the New York State Department of Motor Vehicles has new regulations pertaining to drivers with multiple alcohol/drug-related driving convictions. This is a logical result from the increasing sanctions that pertain to Driving While Intoxicated or Driving While Impaired by Drugs offenses enacted by the Legislature.
With the New Year on its way, and in addition to the “fiscal cliff” issues, there are a few changes that will or may arise from the Legislature that affect individual homeowners and potential buyers of real estate, and the real estate market as a whole.
From time to time, and particularly during the holiday season, I am asked by kith and kin alike about the responsibility a homeowner has to prevent people from drinking too much at a holiday party. Concerns range from the health of the person drinking copious quantities of eggnog to the legal liability and of the host who provided the eggnog. I cannot offer an opinion on the healthy amount of eggnog, but I can provide some insight into issues that may arise when a drunk guest leaves a party and injures someone.
The issue of a person’s legal place of residence has significance in matrimonial proceedings and other legal matters affecting where you can sue or be sued or where you must pay taxes among others. Legal residence is primarily a function of intent.