Thursday, August 28, 2008
Whether, under New York law, the biological and non-custodial parent of a child retains the right to participate in decision pertaining to the education of the child where (1) the custodial parent is granted exclusive custody of the child and (2) the divorce decree and custody order are silent as to the right to control such decisions?
The Second Circuit noted that two departments of the Appellate Division, New York's intermediate appellate court, have held that non-custodial parent does not retain such a right, but it "was reluctant to take that final step [considering the Appellate Division decisions as determinative] in the absence of a Court of Appeals pronouncement because the ruling has broad implications affecting the custodial relationships in New York -- a matter of paramount concern."
The decision in Fuentes v. New York City Department of Education can be found here.
Monday, August 25, 2008
The decision in Price v. New York State Board of Elections can be found here.
Thursday, August 14, 2008
The decision in Penguin Group (USA) Inc. v. Steinbeck can be found here.
DISCLOSURE: My firm represents Nancy Steinbeck in this action, although she was not a party to the appeal.
The decision in In re Terrorist Attacks of September 11, 2001 can be found here.
Tuesday, August 12, 2008
The decision in Barfield v. New York City Health and Hospitals Corp. can be found here.
Wednesday, August 06, 2008
Does New York General Obligations Law 15-301(1) abrogate, in the case of a contract where the second of two irreconcilable provisions requres that any modifications to the agreement be made in writing, the common law rule where two contractual provisions are irreconcilable, the one appearing first in the contract is to be given effect rather than the one appearing subsequent?
The decision in Israel v. Chabra can be found here.