On January 31, 2017, Governor Andrew Cuomo announced a statewide crackdown on impaired and reckless driving during Super Bowl weekend. New York State police and local law enforcement agencies worked together to enforce underage drinking laws, and increase patrols and security checkpoints to “deter, identify, and arrest impaired drivers,” according to Governor Cuomo’s press office.
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A Look Into New York’s First Case Under New Definition of “Parent”
The New York Times reports that the first case to test New York State’s new definition of parent is underway. On August 30, 2016 the New York Court of Appeals issued a monumental decision regarding the definition of “parent” in relation to visitation and custody determinations. The case of Brooke S.B. v. Elizabeth A. C.C., held that after a party proves “by clear and convincing evidence” that both parties had come to an agreement to conceive and raise a child together, then they will be deemed a “parent” in relation to seeking custody and visitation. Prior to the ruling, New York law held that only an adoptive or biological parent had the ability to seek custody or visitation.
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New York Residents Now Allowed to Sue for Exposure to Contaminants from Superfund Sites
The Albany Times-Union recently reported that Governor Andrew Cuomo signed into law a bill that gives New York State residents the power to file personal injury claims against polluters, who, they claim, caused them to become ill as a result of being exposed to contaminants from nearby Superfund sites.
2016 Provided for Many Changes in New York State Matrimonial Matters
Over the last two years, New York State has enacted new legislation, forms, and rules aimed at providing more efficient and effective adjudication of matrimonial matters. Parties of matrimonial actions in New York Supreme Courts now have a greater access to legal services and more protection of confidential information. In 2016, the changes accounted for a significant change in the process and the practice of matrimonial law in the state.
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Long Island Limo Driver’s Charges Dismissed After Fatal Crash
A Suffolk County Supreme Court Justice dismissed the charges against the limousine driver involved in a fatal Suffolk County crash last July. Carlos Pino, age 59, was attempting to make a U-turn at an intersection in Cutchogue after picking up his passengers from a nearby winery. Upon attempting to make the U-turn, the limousine was broadsided by a pickup truck that what being operated by a driver under the influence. Four of the passengers Brittney Schulman, Lauren Baruch, Amy Grabina, and Stephanie Belli were killed in the accident, and four others were injured.
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What Should I do if Arrested for a DUI or DWI in New York?
Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are serious traffic matter that could result in a criminal record and jail time. If you find yourself under questioning or arrest, consider the following.
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New York Orders of Protection
An Order of Protection (OP) is a Court Order mandating an individual to either refrain from certain behaviors against specified individuals, or to stay away from the protected party entirely. The purpose of an OP is to protect the alleged victim from harm. Most often OPs are directed in response to incidents of domestic violence. Multiple courts have jurisdiction to issue OPs, and all orders require the restricted individual to surrender any firearms they may have.
Both Landlords and Tenants Have Rights in New York
Illegal Apartments
Landlords and tenants have rights in New York. In Suffolk County, many jurisdictions require that a landlord obtain a rental permit prior to renting an apartment or home. In cases where a landlord has failed to obtain a rental permit when required, the facts of a case and the jurisdiction determine the whether the landlord may prosecute a claim or recover monetary damages.
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Canadian Visitor Dies in Dump Truck Accident
On February 12, 2016, a 48-year-old woman was fatally struck by a dump truck while in a crosswalk in Manhattan. The woman, who was visiting from Canada, died at the scene from internal injuries.
According to the New York Daily News, the driver will probably not face criminal charges. The driver of the truck apparently did not see her crossing the street due to a blind spot and did not realize he had struck her until he turned the corner.
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Use of Drug Sniffing Dogs at Traffic Violation Stops
In 2005, the United States Supreme Court held that there is no expectation of privacy when carrying drugs. Accordingly, the Court determined that the use of drug sniffing dogs during a traffic violation stop did not violate the unwarranted search and seizure clause of the Fourth Amendment.
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