On Friday, in the first ruling of its kind, the Appellate Division, Fourth Department gave legal recognition to a gay marriage from another jurisdiction. The other jurisdiction was Canada, and the Court gave recognition to the marriage under the State’s longstanding “marriage recognition rule” – Martinez v County of Monroe,
Domestic Relations Law § 141 specifically provides that maintenance may be awarded in an action to annul a marriage on the ground of incurable mental illness for five years of one of the parties. But can maintenance also be awarded in actions to annul a marriage on other grounds? There
On February 1st, the Fourth Department gave legal recognition in New York to a homosexual marriage that was performed in Canada in Martinez v County of Monroe, 2008 NY Slip Op 00909 . According to canada.com, Monroe County will now appeal the Fourth Department’s decision to the Court of Appeals.
It is somewhat common in divorces for the parties to reach an agreement regarding spousal support. Tuesday’s decision by the Court of Appeal in Graev v Graev, 2008 NY Slip Op 0794 should give a warning to parties entering into such agreements, and the attorneys drafting them, to make it explicitly clear
The Davis-Bacon Act (40 USC § 3141 et seq.) is a Federal law which established the requirement for paying prevailing wages on public works projects. All federal government construction contracts, and most contracts for federally assisted construction must include provisions for paying workers on-site no less than the locally prevailing
The qualifications to be a juror are minimal. A juror must: Be a citizen of the United States, and a resident of the county, Be not less than eighteen years of age, Not have been convicted of a felony, and Be able to understand and communicate in the English language.
Under the Sixth Amendment and the N.Y. Constitution, a criminal defendant has the right to be confronted with the witnesses against him. Prior U.S. Supreme Court decisions have interpreted this right as applying to those who “bear testimony.” And “testimony” in turn, as expressed by the Supreme Court, “is typically
New York’s Criminal Procedure Law § 310.30 contains a certain procedure when a court receives a note from a jury during deliberations. It generally requires that when a court receives a note from the jury, it must return the jury to the courtroom and, after notice to both the people
There are many reasons not to use the “N” word. One of which is Aggravated Harassment In the Second Degree (Penal Law § 240.30). Take the case of Matter of Shane Ee., 2008 NY Slip Op 01479 decided by the Third Department last Thursday. In that case, the juvenile Shane
The Criminal Procedure Law does not contain a specific provision to challenge a grand juror or an Indictment based on that grand juror’s familial relationship to a witness. But as the Third Department’s decision last week in People v Revette, 2008 NY Slip Op 01452 demonstrates, this does not mean