New York State No Fault Divorce
Dec 28, 2010
Irretrievable Breakdown of the marriage New York's no-fault ground for divorce. Allegations under this ground do not have to include allegations of domestic violence and repeated, extreme mental cruelt...
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Factors to Consider for Maintenance Under New York State Law
Jun 03, 2010
(a) The income and property of the parties including marital property and the distribution thereof;
(b) The duration of the marriage and the age and health of the parties;
(c) The present and fu...
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Factors for Distribution of Assets in Divorce Under New York State Law
Jun 03, 2010
The duration of the relationship and the age
and health of both parties;
The need of either party to occupy or own
the marital residence and to use or own its
household effects;
The loss to either part...
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Inevitable Discovery Rule as it applies to a Stop and Frisk pursuant to New York State Law
Jun 02, 2010
That the inevitable discover rule states that the evidence sought to be suppressed would have been discovered irrespective of the initial wrong and is therefore admissible. The inevitable discovery ru...
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Stop and Frisk incident to Arrest Pursuant to New York State Law
Jun 02, 2010
A frisk and any accompanying search of a suspect prior to arrest "must ... be confined in scope to an intrusion reasonably designed to discover guns, knives, clubs, or other hidden instruments for the ...
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New York State Standard for Custody of children is the Best Interest doctrine
May 19, 2010
It is axiomatic that the essential consideration in making an award of custody is the best interests of the child. Eschbach v. Eschback, 56 N.Y.2d 167, 451 N.Y.S.2d 658 (1982); Neuman v. Neuman, 19 A.D...
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Marriage as between and man and a woman
May 19, 2010
Marriage between a man and a woman, involving obligations owed by the spouses to one another and especially to the children their union creates, has been a virtually universal social institution. David...
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Separation of Powers under New York State Law
May 19, 2010
As this Court has explained,
The State Constitution provides for a distribution of powers among the three branches of government (see N.Y. Const., art. III, s. 1; art. IV, s. 1, art. VI). This distri...
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Commercial Claim Arising Out of a Consumer Transaction for New York State District Courts Suffolk
May 13, 2010
DEMAND LETTER
TO: ______________________ Date:
Name of Defendant
________________________
________________________
Address
You have not paid a debt owed to _________...
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Harassment provides basis for granting Order of Protection in New York State
May 13, 2010
If your spouse or significant other engages in harassment toward youself. An order of protection is available through family court and district court.
Section 240.25 Harassment in the first degree
...
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