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8 Aug 2014, 6:11 am
A grant of summary judgment admitting a will to probate may be inappropriate where one attesting witness testifies against the will, even where the other witness and the supervising attorney testify favorably (see generally Matter of Jacinto, 172 AD2d 664 [2d Dept 1991]). [read post]
7 Aug 2014, 2:11 pm
The Court of Appeal affirmed the trial court’s judgment denying a petition for writ of mandate and upholding the adequacy of Kern County’s EIR and its project approvals (rezoning and a CUP) for a 339-megawatt, 116 wind turbine generator (“WTG”) wind farm project (the “Project”) to be constructed near a private (and apparently unpermitted) airport (the Kelso Valley Airport, or “KVA”) in the Tehachapi Wind Resource Area. [read post]
7 Aug 2014, 12:40 pm
The Attorney for the Child also opposes the paternity petition. [read post]
6 Aug 2014, 3:04 pm
Such requests for an initial extension of time — and they are quite common when the federal government is opposing a petition — are generally granted as a matter of right. [read post]
6 Aug 2014, 11:18 am
County of Sierra (2008) 158 Cal.App.4th 877, 890-893 [holding statutorily-required “general explanation of the matter to be considered” included planning commission’s recommendation on zoning amendment].) [read post]
5 Aug 2014, 12:52 pm
The respondent waived any defects in the 10-day notice, the petition and any jurisdictional defects. [read post]
5 Aug 2014, 12:31 pm
Nothing in either trial warrants departure from this general rule. [read post]
4 Aug 2014, 11:53 am
In addition, once Williams files its formal application with the Commission, petitions to intervene may be filed. [read post]
4 Aug 2014, 10:53 am
In addition, once Williams files its formal application with the Commission, petitions to intervene may be filed. [read post]
3 Aug 2014, 11:34 am
JASON GEORGE MALONE, Appellee. 5th District.Injunctions -- Protection against domestic violence -- Trial court erred in dismissing third petition for protection against domestic violence on basis that petition raised allegations resolved by petitioner's voluntary dismissal of earlier petition pursuant to settlement agreement where third petition raised an incident which postdated the settlement and voluntary dismissal of earlier petitionJENNIFER PARRISH,… [read post]
3 Aug 2014, 8:50 am
Barber claimed that Dicks died intestate and filed a petition to be named administrator of her estate. [read post]
30 Jul 2014, 12:55 pm
However, even if the New York provision were to be construed as a defensive statute of limitations and as a matter of procedure rather than substance, it must be held inapplicable in USDL proceedings; for the general rule as to use of State procedure must be subordinated to effectuation of USDL's specific and well-tailored paternity provision. [read post]
30 Jul 2014, 5:21 am
It's also perfectly permissible, in my view, for a judge to write a letter to the editor or petition Congress generally to seek a change in law -- judges have First Amendment rights, too. [read post]
29 Jul 2014, 10:00 am
In any event, it is good practice to review your judgment of dissolution of marriage as part of your child’s college application process, and contact a family law attorney if you have any questions. [read post]
27 Jul 2014, 1:48 pm
It is disputes and differences over the documentation necessary to pursue LEED certification that apparently lead Flintco to commence a Petition for Writ of Mandamus against Palo Alto (.. yes, the general contractor sued the City) in Flintco Pacific, Inc. [read post]
23 Jul 2014, 7:04 pm
The fee for such services is generally held to be included in the fee of the attorney for the fiduciary. [read post]
23 Jul 2014, 1:03 pm
However, even if the New York provision were to be construed as a defensive statute of limitations and as a matter of procedure rather than substance, it must be held inapplicable in USDL proceedings; for the general rule as to use of State procedure must be subordinated to effectuation of USDL's specific and well-tailored paternity provision. [read post]
22 Jul 2014, 6:24 pm
Neither the Illinois Solicitor General (then Michael Scodro, who was succeeded earlier this year by Carolyn Shapiro) nor the Illinois Attorney General’s Office was formally notified that the mandate had been filed in the trial court, where the state was represented by the local state’s attorney (although the mandate issues as a matter of course). [read post]
21 Jul 2014, 7:47 pm
We find that the court's reliance on Matter of Torres (supra ) was misplaced; that the appellants established, by a fair preponderance of the evidence, and in fact by clear and convincing evidence, that respondent suffered from a dangerous mental disorder at the time of the hearing, and accordingly the petition for recommitment pursuant to CPL 330.20(14) should have been granted. [read post]
19 Jul 2014, 4:44 am
Attorney General Geraghty himself published an opinion piece on the case. [read post]
