Standard for Award of interim Counsel Fees in New York State
May 12, 2010
An award of counsel fees pursuant to Domestic Relations Law ?237(a) is a matter within the sound discretion of the trial court, and the issue "is controlled by the equities and circumstances of each pa...
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New York State Criminal Statement Notice Requirements
May 12, 2010
C.P.L. 710.30 provides that the People must serve notice upon the defendant of intention to introduce identification testimony at trial. This notice must be served within 15 days of arraignment. The de...
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Inevitable Discovery Rule in New York State
May 12, 2010
Nor can the admission of the shield case, the shield, or the card be justified on the basis of the so-called "inevitable discovery rule": that is, that the evidence sought to be suppressed would have b...
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Standard for Police to Stop and Frisk a Defendant in New York State
May 12, 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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Standards for Supervised Visitation in New York State
May 12, 2010
Supervised visitation is appropriate where it is established that unsupervised visitation is detrimental to the child. Cervera v. Cervera, 50 A.D.3d 837, 855 N.Y.S.2d 658 (2nd Dept. 2008). Supervised...
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Best Interest of a Child Standard for Custody
May 12, 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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Mediation and Arbitration Alternatives in New York State
May 06, 2010
Both mediation and arbitration are ways to voluntarily can resolve any differences between you and your spouse without going to court. Mediation and arbitration are very different ways of resolving dif...
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How to Find an Experienced and Effective Criminal Defense Attorney in New York State
May 06, 2010
When it comes to a criminal case, an experienced and effective criminal defense attorney can mean the difference between a prison sentence and reduced or dismissed charges.
A good Defense Attorney mus...
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Residency Requirements for a Divorce in New York State
May 06, 2010
For New York State Supreme Court to have jurisdiction over the parties (see DRL ? 230) one of the following residency conditions must be satisfied:The marriage ceremony was performed in New York and ei...
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Procedures for a Contested and Uncontested Divorce in New York State
May 06, 2010
Contested Divorce
The grounds for divorce may be decided by a jury or by a judge, all other ancillary relief is considered equitable in nature and must be decided by the judge alone.
The grounds in all...
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