One of the many sources of difficulty in divorce cases is the division of property. Property division is often misunderstood. Below is a basic discussion offered as a starting point for property division in a divorce. UNDERSTANDING “MARITAL PROPERTY” In New York,...
Year: 2018
Medical Malpractice Basics in the State of New York
If you have been injured as a result of a doctor's error or misconduct in New York, you may have a basis for a medical malpractice claim. MALPRACTICE IN GENERAL Generally, medical malpractice involves a doctor or other medical professional who breaches the standard of...
Motorcycle Safety Tips
Spring is on the way and summer is soon to follow. Now is the time motorcyclists start thinking about getting the bike out of storage and start planning for adventures on the open road. While motorcycling can be an enjoyable pastime, there is always a risk of personal...
Theft Charges in New York
“Theft” is the lay person's term for “larceny,” which is the term the state of New York uses when referring to most theft crimes. Types of theft covered by the larceny statutes may include the following. Stealing cosmetics from a drug store. Entering a big box store...
Understanding the Sixth Amendment Right to Counsel
The Sixth Amendment to the United States Constitution guarantees, among other things, the right to have the assistance of counsel in the defense of criminal cases. The Fifth Amendment provides people with the right to be free from self-incrimination. The right to an...
Avoid Trucking Accidents: What Every Driver Should Know About Truck Blind Spots March 12, 2018 By Arthur R. Frost
The Federal Motor Carrier Safety Administration (FMCSA) has some words of warning for drivers, bicyclists, and pedestrians about commercial trucks and blind spots. UNDERSTANDING THE SIZE OF BLIND SPOTS Anyone who has ever driven a car is familiar with the concept of...
Understanding Temporary Orders of Protection in New York Criminal Cases
In New York, if you are charged with certain crimes, the judge may issue a temporary order of protection under New York Criminal Procedure Law § 530.12 while the case is pending. A judge can issue an Order of Protection in almost all cases to protect alleged victims...
New York Court Recognizes “Presumption of Legitimacy” for Same-Sex Couples
A child born to married same-sex parents is presumed to be the legitimate child of those parents, a New York Appellate Court recently decided. In the Matter of Joseph O. v Danielle B, the New York Appellate Division, Second Judicial Department rejected a sperm donor's...
Passed out Woman with Kids in Her Car Faces Leandra’s Law Charges
A woman is facing a long list of criminal charges after Rome Police allegedly found her passed out in her car with two children in the back seat, WKTV News reports. Early in the morning on February 25, Rome Police Department officers responded to a report of a woman...
Buffalo City Council Recommends $3 Million Settlement for Injured Worker
The Buffalo City Council has recommended a $3 million settlement in the case of a state worker who suffered disabling injuries on the job. "LIFE-CHANGING" INJURIES ON THE JOB The Buffalo News reported that Michael Yusczyk was working for the New York State Department...