You have a short term marriage so spousal maintenance, if any, will be short and/or less than a longer term marriage. Substance abuse may be a factor, but if helps or hurts you depends on who has it and consequences. Leaving a marital residence voluntarily may be considered abandonment of it...View More
CPLR 2219(a) requires that a motion be made within 60 days of its being joined (shorter for a provisional remedy). If a judge fails to render a decision in that period, one may pursue and Article 78 proceeding against that judge.
I was interested in a house that came on the market for $230K. After viewing, I made an offer. A few days went by and my agent said the seller had a better offer, so I offered more than the alleged other buyer offered. Again, I was contacted and told the other buyer had topped my offer. I again had... View More
Off hand, I am unaware of a specific prohibition of such unethical conduct. If one obtains proof or a pattern of this conduct unique to that agent, then complaint may be filed with the NYS Dept. of State which licenses real estate brokers and agents and they may investigate. However, a hunch is...View More
If the supported child no longer has a right to support, an argument of fraud may be made, for its return in an action against the other parent. The amount of money you would get back will determine if it is economical. However, you should seek modification of the support order as well. Consult...View More
The term "left" is ambiguous. If the mutual fund had someone as the beneficiary and that beneficiary predeceased, the fund reverts to the decedent's estate. If the mutual fund was bequeathed in a will, then the will must be reviewed to determine if someone else specifically gets...View More
Check the Surrogate's Court of the county he might have filed his will, typically that of his residency, for a will. If nothing is there, contact the attorneys you are aware he most recently used for legal matters. If that's a dead end, run an advertisement in the local bar association...View More
My father recently passed away. About 5 years ago my father told me that he recorded a new deed for his house. The new deed transferred ownership from him, to him and me, with joint tenancy with the right of survivorship. We found the original deed in his house, it was completed and... View More
An unrecorded deed is still valid and should be recorded asap, as NYS is a "race" state meaning of two valid deeds, the first filed has priority even if the other was more recent. Upon the death of one joint tenant, the survivor automatically obtains full ownership. Also, although there...View More
A case was filed by plaintiff and in answer to Summons defendant listed 4 counter claims without specific remedies. This is because the value has not been determined. The work is incomplete by plaintiff. Plaintiff has filed a motion to dismiss defendants counter claims. This was a window install... View More
Understanding your intended question is challenging, but I'll take a stab. There is a breach of contract claim and the defendant filed several counterclaims. Plaintiff seeks dismissal of the counterclaims before trial which will be unlikely unless there are no material facts to be determined...View More
If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More
Generally, reassignment of a case does not mean it starts all over again. That goes for motions which were filed and presumably decided already. The rulings are considered the law of the case. Essentially, the new judge picks up where the former judge left off.
My ex and I adopted a cat together and cared for it together for years. We broke up and did split custody for a while, now she wants to stop sharing and is claiming the cat is legally hers and will report her stolen if I dont return her by the arranged date. The adoption papers and microchip are in... View More
Simplifying your situation, the court will look at the indicia of ownership concerning the cat, which appears to favor your former girlfriend. If she wants to file a theft charge against you for not returning the cat, a police officer might do that. An alternative is for you to seek a replevin...View More
My daughter in law was incarcerated out of state. My son went to retrieve her and my grandsons aunt filed for emergency temporary custody. Son and DIL have joint custody. It was a toxic relationship for 5 years. Mother again was incarcerated in NY. Sole custody was granted 2 months ago. I just... View More
Critical missing information concerns which state granted the joint custody, and did it still have jurisdiction when a court, if different, granted the aunt temporary custody. That court subsequently granted sole custody to the aunt according to you. You then filed for custody after that. Your...View More
My grandparents passed away and left a Will where all grandchildren are beneficiaries. My grandparents' children are deceased. The house is up for sale. There are six grandchildren, of which one is deceased, but has a living spouse and two children. We are unable to locate them to inform... View More
Distribution of assets down the lineage to classes of beneficiaries depends upon the specific wording of the Will, which must be reviewed, as a determination of whether the testator's intent was that the estate assets were to pass down the lineage by per stirpes or per capita must be made....View More
We have 50/50 custody of our daughter, and every other week she spends at her mother's. Each week when she comes home it takes days to re-regulate her behavior and mood before she opens up about events and situations that happened the past week at her mom's. Often time this includes a... View More
If your facts are correct, in NYS a petition in family court may be in order. The prior legal guardian, or if none, a request for a legal guardian would be made, and that guardian represents the child independently of the parents and makes a determination and advocates to the judge what should be...View More
No, in NYS the testator does not sign the affidavit, just the Will. The affidavit is meant to serve as a substitute for the court to the live testimony of the witness(es) that the testator signed the Will before them and was of sound mind, etc. The reason for the affidavit is that often it is a...View More
My mother died in 2001 without a will. I have two brothers, one has passed away. The property left without a will is located in Barneveld, NY. It is 5 acres. My brother who passed away was the executor of the estate. I asked him for years to give me my portion of the property or buy it from me. He... View More
In NYS, if your mother died a widow and without a will, then your brother was never an executor. If he was an administrator recognized by the court there is a record of that in Surrogate's Court. If you are entitled to a share of the property in this if your mother died intestate (without a...View More
and there so happened to be two parties that wanted to fight, accident waivers and release forms signed. is there anything in the law stopping this fight? will the only people liabal for said fight would be the two parties and not the host of the event.
Laws don't stop fights, they just tell one what conduct is illegal and the penalty if a perpetrator gets convicted. Your question seems to really be what is your liability. If you are somehow civilly responsible for allowing the fight (or promoting it) your accident waivers, even if...View More
He was on house arrest for other charges and was told he was going to get fingerprints and be released to me.i was on the phone when they told him this so I agreed but then they kept him and charged him for something else but he wasn't aware or read any rights.he also has a mental disability.i... View More
In NY, the police need not administer Miranda rights until he is actually arrested. Often, they will delay a formal arrest of a target in order to interview him, raising the potential suppression hearing issue that the defendant was in actual custody, not just being interviewed. Consult a...View More
File a Freedom of Information request of the investigating police agency. If the case is closed and no longer appealable you may be entitled to receive the information or be allowed to review the file if not digitized. A word of caution, murder files have gruesome material, especially autopsy...View More
Yes, that information is obtainable as the case is still a matter of public record, absent a sealing order. An adjournment in contemplation of dismissal is still also an open case as it has not yet been dismissed, so although one no longer goes to court for 6 or more months and it is automatically...View More
Your facts suggest you were in fact convicted of a crime if you paid a fine. If your conviction was for a crime, the fingerprints and mugshot and criminal history are there forever, unless somehow expunged or sealed. A charge that is dismissed has the associated fingerprints and photographs...View More
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