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Features
In two recent cases, the Second Department has dealt with a recurring problem in zoning law: What constraint does precedent place on the decision-making authority of a zoning board of appeals? More particularly, what obligations does a zoning board of appeals (ZBA) have when a landowner applies for a variance or special permit that is substantially similar to a variance or permit the ZBA has previously denied?
Everything contained in this issue in an easy-to-find format.
No Modification of Child Custody Arrangement After Minor Change Although a father with physical custody of his children failed to obtain the court's permission to move them to a new school district ' in violation of on of the terms of the couple's separation agreement ' the court held there was insufficient evidence of a significant change in circumstances that would warrant a modification of the existing custodial arrangement. Bobroff v. Farwell, --- N.Y.S.2d ----,…
Features
Ask any experienced matrimonial lawyer in New York State what valuation date should be used in valuing marital property, and the answer will inevitably be the same: "active" assets and "passive" assets. A look at <i>Mahoney-Buntzman</i> and its impact on valuation.
Features
When an abused child won a nearly $4 million award from her mother in 2007 for the mother's part in failing to protect her from sexual abuse by the stepfather, it would have seemed that all that was left to do was collect. Now, however, the mother, Irene S. Chaffee, has filed for Chapter 7 bankruptcy relief, and she is seeking to have the debt to her daughter discharged. The question now is, "Can this debt be erased?
Features
Childrens' drawings are sometimes treated as evidence of their perceptions of their family relationships. These pictures may be evaluated for insights into whether a child feels emotionally close to parent who is seeking custody or is afraid of a person accused of sexually abusing the child. But are such pictures really "worth 1,000 words"?