I am an attorney who retained Frederick "Rick" Foster, Esq. to represent me in my Suffolk County Supreme Court divorce case in 2002 (Index No. 01265- 02). His performance was a disaster for me.
My ex-wife and I settled in open-court a year later on January 15, 2003, and Mr. Foster recited the terms ...but amazingly failed to address a necessary element entitling me to that divorce.
My ex-wife then met John Ray, Esq. at the courthouse and began co-habiting with him, which continues to this day, and he undertook her representation by filing a motion to vacate the settlement due to Mr. Foster’s failure to meet all the statutory requirements in the settlement. Judge Emily Pines misguidedly granted the motion rather than force my ex-wife to file an appeal, so I was remarried by operation of law. The tens of thousands of dollars I paid her in the settlement was considered marital money and not credited in the final outcome, and that drained my cash. I had closed my law practice and building business in 2002, and found myself between a hard place and a rock.
Mr. Foster appealed Judge Pines' order with a lightweight brief and we lost. In Tarone v. Tarone, 25 A.D.3d 779 (N.Y. App. Div. 2006), the court said, “Open-court stipulations are judicially favored, and will not be set aside absent fraud, overreaching, mistake, duress, or unconscionability.... However, in the instant case, in view of the determination that the plaintiff failed to establish his entitlement to a divorce, the stipulation of settlement should have been vacated....The stipulation cannot be considered a valid postnuptial or "opting out" agreement pursuant to Domestic Relations Law § 236 (B) (3).”
Mr. Foster's lack of attention to detail, possibly due to his then frequently nagging migraine headaches that he really should have disclosed to me before taking my case, changed the course of my life. Due to his mishandling of the stipulation of settlement, my divorce went on for several years, and after Mr. Foster billed me $96,000 for his fees in 2007, I had no choice but to shamefully file personal bankruptcy.
With a second divorce process came nine years of dealing with issues, and the last appeal was decided in 2011. By then, I was financially devastated and renting a little house in eastern Connecticut. I am just now, 16 years later in 2023, financially recovering fully from Mr. Foster’s error.
Let the facts speak for themselves about Mr. Foster and his conduct in my divorce case. Now let the truth be known that choosing Mr. Foster as my divorce lawyer was unequivocally one of the worst decisions of my entire life, the most impacting on my lifestyle, and the most costly to me personally. I should never have trusted him with my rights and my security.
If you want to contact me for any reason, please use my website contact form at TaroneEsq.com.