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5 Jul 2021, 9:48 am by Gregory Forman
As the family court stated, “[I]f DSS does not file an action, and you don’t intend to [follow] a court order, you need to change the court order. [read post]
19 Apr 2015, 2:13 pm by Stephen Bilkis
Under the estoppel doctrines of res judicata and collateral estoppel, each requires a showing that there was an identity of the parties in the present and prior litigation (Juan C. v Cortines, 89 NY2d 659 [1997]), that the claims arose out of the same transaction or series of transactions (Xiao Yang Chen v Fischer, 6 NY3d 94 [2005]), that the parties had a full and fair opportunity to contest the claims (Krista I. v Gregory I., 8 AD3d 696 Page 5 [3d Dept 2004]) and the… [read post]
13 Apr 2015, 11:38 am by Stephen Bilkis
Under the estoppel doctrines of res judicata and collateral estoppel, each requires a showing that there was an identity of the parties in the present and prior litigation (Juan C. v Cortines, 89 NY2d 659 [1997]), that the claims arose out of the same transaction or series of transactions (Xiao Yang Chen v Fischer, 6 NY3d 94 [2005]), that the parties had a full and fair opportunity to contest the claims (Krista I. v Gregory I., 8 AD3d 696 Page 5 [3d Dept 2004]) and the… [read post]
13 May 2014, 1:08 pm
” Three federal judges have already found this statute unconstitutional (see Vives v the City of New York, 305 F Supp 2d 289, 299 [SD NY 2003, Scheindlin, J.], revd on other grounds 405 F3d 115 [2d Cir 2004] ["where speech is regulated or proscribed based on its content, the scope of the effected speech must be clearly defined"]; see also Vives 405 F3d 115, 123-124 [2d Cir 2004, Cardamone, J., dissenting in part, concurring in part] [Penal Law § 240.30(1)… [read post]
20 May 2019, 3:37 pm
Given the state of the materials in the record, it is difficult to understand the judge’s outright rejection of the PGT’s submissions.[10]         It is also difficult to understand the judge’s failure to put his mind to s. [read post]