Things to do when filing for divorce in N.Y. | Commentary
Filing for divorce in New York can be a complex and difficult process. To navigate this journey successfully, it’s important to understand the specific requirements and take proactive steps to protect your interests. In this article, we will provide you with a comprehensive guide to the important things to do when filing for divorce in […]
New York’s mandatory nurse overtime law amendments take effect
Significant amendments to New York law regarding mandatory overtime for nurses took effect on June 28, 2023. The changes resulted from New York Assembly Bill 970 / Senate Bill 850, which Governor Hochul signed in March, amending Section 167 of the Labor Law. The legislation involved a “chapter amendment” modifying a bill previously signed by […]
What the expansion of the CAURD program means for the NYS cannabis industry
In March, the New York State Office of Cannabis Management (OCM) announced the expansion of the conditional adult-use retail dispensaries (CAURD) program, doubling the anticipated 150 business licenses for dispensaries in New York to 300. This is welcome news for many who either missed the original deadline to file for a CAURD license or were […]
Traps for the unwary: Nursing home admission agreements and third-party liability | Commentary
Federal regulators have found serious fault with the nursing home industry’s collection practices against third parties, such as family members or close friends of nursing home residents. Attorneys should be aware of the potential ethical and legal consequences of seeking to hold someone liable for another person’s nursing home bill. In fact, the Consumer Financial […]
Saving our Republic | Commentary
This year’s Law Day theme calls attention to key factors — cornerstones, as it is put — in the maintenance of democracy: civics, civility and collaboration. When citizens know little or nothing about the political society and its institutions, when they cannot work together to achieve results on important public matters, when they refuse to […]
Can ‘Presumptive ADR’ become the new norm for New York divorces? | Commentary
In May 2019, upon recommendation by an Advisory Committee on Alternative Dispute Resolution (“ADR”), then-Chief Judge Janet DiFiore and then-Chief Administrative Judge Lawrence K. Marks announced the implementation of “presumptive ADR.” The goal of the program is to automatically refer the vast majority of civil cases, including but not limited to matrimonial actions, to mediation [&hellip[...]
Keeping cannabis dormant | Commentary
The Commerce Clause of the U.S. Constitution states that “Congress shall have Power … [t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” U.S. Const. Art. I, § 8, cl. 3. When the founders drafted this clause, I highly doubt that even they could have envisioned the far-reaching […]
Protecting employees from retaliation against lawful absences | Commentary
In November 2022, New York State Gov. Kathy Hochul signed Assembly Bill 8092B into law, amending Section 215 of the New York Labor Law (NYLL), prohibiting employers from retaliating against employees who take a lawful absence leave pursuant to local, state or federal laws. The modifications to Section 215 of the NYLL specifically prevent employers […]
St. Patrick’s Day, cannabis and driving — What you need to know
It’s to no one’s surprise that police and other law enforcement will be on high alert this St. Patrick’s Day, with the 17th of March landing on a Friday this year. Approximately 13 million pints of Guinness are consumed worldwide on St. Patrick’s Day, so it’s only natural to assume that some will take the […]
Do millennials need an estate plan?
As the largest living generation in the U.S. — making up 22% of the population — and collectively having lived through several “once-in-a-lifetime” crises, the millennial generation has been forged into some of the most adaptable planners to date. From setting personal and professional goals, managing and interacting with their finances and investments, to purchasing […]
Commercial insurance: An annual review of coverages can prevent future disaster | Commentary
With spring (finally!) approaching, companies should consider adding an annual insurance checkup to their “spring cleaning” to-do list. Many businesses have, at some point, encountered this nightmare scenario: despite paying substantial insurance premiums year after year, a significant claim arises and the company learns that it is not fully covered. The claim might fall outside […]
How will disinflation impact the current housing market? | Commentary
The housing market is continually evolving in 2023 as inflation weighs heavily on both home buyers’ and sellers’ minds. With rates coming down and the traditionally hot spring market fast approaching, many are left wondering if they should buy, sell, or hold onto their property until things settle down. While some are predicting the housing […]
Case Digests
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
Law News
- Espinosa named general counsel at Greenlight Networks
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers