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Decisions of Interest
Hearing on Neglect Not Required When Custody Rights Abandoned
The petitioning human services department should not have been ordered to file a petition alleging custodial neglect as a prerequisite to proceeding with its plans to make a permanent placement of the child because consent of the child's custodian to his placement was unnecessary due to evidence that she intended to forgo her custodial rights. Matter of Daryl D. Monroe County Department of Human and Health Services, 2004 N.Y. App. Div. LEXIS 6203, CAF 04-00151 (4th Dept. 4/30/04) (Hurlbutt, J.P., Scudder, Kehoe, Gorski and Hayes, JJ.).
In June 1998, the subject child's maternal grandmother was granted custody after the child's parents failed to appear on her custody petition and a default hearing was held. In July 1998, however, the child was placed in foster care and has not lived with the maternal grandmother since that time. A neglect petition was filed against the maternal grandmother, but this matter was never judicially concluded. While the neglect issue was still pending, the child's mother surrendered custody to petitioner, the Monroe County Department of Human and Health Services. The child was placed in foster care with his paternal great grandmother. Petitioner filed a petition in December 2003 requesting Family Court to hold a permanency hearing pursuant to Family Ct Act ' 1055-a to approve petitioners to permanently place the child with his paternal great grandmother. However, because the maternal grandmother still had legal custody of the child, the court ordered petitioner to file a petition alleging that the maternal grandmother has permanently neglected the child. This, the court found, was error because petitioner may establish in the adoption proceeding that the consent of “any other person having custody of the child,” including the maternal grandmother, is not required based on her “evincing an intent to forego … her parental or custodial rights and obligations as manifested by … her failure for a period of six months to visit the child and communicate with the child or person having legal custody of the child, although able to do so” (Domestic Relations Law ' 111 (2)(a).
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?