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Judge orders mother to send daughters to public school
A judge has ordered a woman to enroll her two children in public schools after she decided to home school the children, against the wishes of her husband.
Judge denies change to divorce agreement
A judge has denied a man’s request to reduce payments to his ex-wife required by their divorce agreement, even though the man claims she is living “high on the hog.” Frank Burgio, who is represented by attorney Charles A. Schiano Sr., claims there has been a substantial change in his earning capacity. In the couple’s […]
Law offices in the future and the impact on non-resident attorneys
What is a “law office” or its 21st century iteration, “a virtual law office?” Anyone asking these questions might say, look around — email, PDFs, drop boxes and Skype are the hallmarks of post-millennial law offices. Almost no one would suggest looking back to 1862 in the dark corners of the Judiciary Law. But, the […]
Grandparents, custody and support: New frontiers for the extended family
In an era of extended families, children often reside with their grandparents, a seemingly safe environment for a child. But New York still sets a high standard for anyone to have custody of another’s children — “extraordinary circumstances.” Robert G. v. Peter I., 43 AD3d 1162 (2d Dept 2007). While that hurdle may seem almost […]
Judge shares insight about process
Richard A. Dollinger says being a judge is a lot like being a baseball umpire. “I call the balls and strikes,” he said Wednesday during a CLE in which he offered a behind-the-scenes look at his decision-making process. For a baseball umpire, sometimes a pitch is “right on the corner” of the strike zone, but […]
Nesting: Are pendente lite custody battles going to the birds?
Parents often can’t wait for their children to “flee the nest.” But, in an emerging form of temporary child custody and visitation planning, the roles are reversed—the children stay in the nest and the divorcing parents, at alternate times, leave. “Nesting” — the concept of a shared temporary residence with visitation in the residence — […]
Justice Dollinger teaches while entertaining
You can take state Supreme Court Justice Richard A. Dollinger out of the courtroom, but you can’t take the courtroom out of Dollinger. When he listens to the song Uptown Girl, Dollinger hears Billy Joel using reputation evidence to describe her. When Joel sings New York State of Mind, Dollinger asks himself, “How does he […]
Judge won’t force divorced husband to continue alimony
A state Supreme Court Justice has denied a woman’s claim that her ex-husband should continue to pay alimony until 2020 under the terms of their divorce agreement, even though she remarried in 2015. Justice Richard A. Dollinger pointed out that Section 248 of the New York state Domestic Relations Law prohibits courts from enforcing “any […]
Outstanding Jurist Award: Richard Dollinger’s writing skill complements his judicial career
If Richard Dollinger’s application to be a reporter for a major newspaper such as the New York Times had been successful, he may never have gone on to become a lawyer, a New York Supreme Court justice and winner of this year’s MCBA’s Outstanding Jurist Award. Fortunately, the 7th Judicial District judge still has plenty […]
Limited scope representation: Cure or complication for the bar?
Limited scope representation – allowing lawyers and clients to limit legal services – is a concept whose time has come across much of America and it may be making a much-heralded formal entrance in New York – soon. On Nov. 5, 2016, the New York State Bar Association House of Delegates approved a resolution […]
Judge Dollinger denies motion to recuse himself from case
The judge who is making a man in a custody battle with his ex-wife prove that he qualifies for an attorney at taxpayer expense has denied a request that he recuse himself from the case. Acting state Supreme Court Justice Richard A. Dollinger ruled in October that he will hold a hearing where Patrick Carney […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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