Empire Justice Center: New York State’s “Exemptions” are Increased

New York State’s “Exemptions” are Increased 

May 26, 2011

As one of his final acts in office, on December 22, 2010, Governor David Paterson signed a significant law regarding exemptions for personal and real property, Chapter 568 of the Laws of New York 2010.  The law amends and adds certain exemptions relating to the satisfaction of money judgments under Civil Practice Law and Rules (CPLR) § 5205(a) for exemption of personal property, and under CPLR § 5206 for the exemption of real property.  The law also amends N.Y. Debtor and Creditor Law (DCD.) §§ 282(1), 283, and adds § 285 specifically regarding exemptions for debtors in bankruptcy.  The amendments update and modernize several exemptions, some of which had not been altered for decades.

Read entire article and get details of new exemptions here.

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Teaching With Documents-National Archives

Teaching With Documents:

Lesson Plans

This section contains reproducible copies of primary documents from the holdings of the National Archives of the United States, teaching activities correlated to the National History Standards andNational Standards for Civics and Government, and cross-curricular connections.

Teaching with primary documents encourages a varied learning environment for teachers and students alike. Lectures, demonstrations, analysis of documents, independent research, and group work become a gateway for research with historical records in ways that sharpen students’ skills and enthusiasm for history, social studies, and the humanities.

iPhone J.D.: Review: Fly Delta — flight information when traveling on Delta

Review: Fly Delta — flight information when traveling on Delta

FlyDeltaFly Delta is the iPhone app created by Delta Air Lines to get you the basic information that you need during your flight.  This is a great app that has come in handy every time that I fly on Delta.

The first option on the main menu of the app is the most useful option, the option to get information about your trips including your current trip.  There is a direct link to get your boarding pass.  A few months ago, I described how you can use your iPhone as a boarding pass by having an airline send you an e-mail with a link to a webpage containing an electronic boarding pass.  It is every more handy to use the Fly Delta app because you don’t have to find that old e-mail containing your boarding pass.  Note that electronic boarding passes cannot be used at every airport yet.  For a list of the 60+ airports that currently support Delta mobile boarding passes, look on this page.  It includes all of the Delta hubs and lots of other airports.  It is nice to not have to worry about a paper boarding pass, especially when you are away from home and don’t have easy access to a printer.  You can just launch the app when you are standing in the TSA security line and access your boarding pass in a few seconds, and then do the same thing when it is time to board the plane.

IMG_1186   IMG_1179

Read entire article and subscribe to iPhone J.D. here.

QR Codes Catch on as Useful Links in Marketing and Recruiting Campaigns – Magazine – ABA Journal

They’re showing up everywhere: at bus stops, on posters, in the pages of magazines. And now those little black-and-white matrix bar codes, better known as QR codes, are creeping into law firms.

Scan this  QR with your phone and see where it takes you…

Read entire article here.

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Basic iPad Security for Lawyers | The Hytech Lawyer

Behold the iPad in All Its Glory.
Image via Wikipedia

Image via Wikipedia

If you want to use the iPad as a law practice tool and you value your license, clients and firm, then some basic security precautions are mandated.  Read about them here.

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NYLJ: Granting Divorce, Judge Backs N.Y. Recognition Of Same-Sex Marriages Contracted in Other States

Supreme Court, Suffolk County, I.A.S. Part 20

Family Law
Granting Divorce, Judge Backs N.Y. Recognition Of Same-Sex Marriages Contracted in Other States

In the case before the bar, the parties’ were validly married in Connecticut and have satisfied the residency requirements necessary in order to obtain a divorce in New York . At this point, the New York Legislature has not expressly prohibited the recognition of valid out-state same-sex marriages in New York. The absence of express legislation prohibiting out-of-sate same-sex marriages, case law and the prevailing public policy towards same-sex partners in the State of New York compels this court to recognize the parties’ marriage.


Therefore, it is ineluctable that this court recognize the parties’ marriage duly solemnized in the State of Connecticut based upon the Full Faith and Credit Clause of the United States Constitution, the legal doctrine of comity and this State’s long standing common law marriage recognition rule. As a consequence of this recognition, this court grants the plaintiff the Judgment of Divorce submitted to the court for signature.

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Sui Generis–a New York law blog: Do lawyers have a duty to supervise cloud computing providers?

Nicole Black:

“…Following the suggestions of proposed changes to the Model Rules and comments to the Rules, the Committee provided an explanatory report that outlined the basis for its proposed revisions. In that report, the Committee described the rationale behind the proposed changes to the Comment regarding Rule 5.3:

“The last sentence of Comment [3] emphasizes that lawyers have an obligation to give appropriate instructions to nonlawyers outside the firm when retaining or directing those nonlawyers. For example, a lawyer who instructs an investigative service may not be in a position to directly supervise how a particular investigator completes a particular assignment, but the lawyer’s instructions must be reasonable under the circumstances…” (Emphasis added).

Given my previously expressed concerns, I was happy to note that the Commission limited the scope of an attorney’s duty to oversee the activities of non-lawyers retained to provide services on behalf of the firm. The italicized section is particularly important since it acknowledges that lawyers may not always have the necessary expertise to supervise non-lawyers, depending on the services provided…”

Read her entire analysis here.

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Justice in Dreamland – NYTimes.com

Read the entire article/opinion piece .  Read the full text of the decision Kentucky v. King.

But in fact, its very ordinariness is what makes this decision worth pondering. It’s worth stopping to consider the assumptions about human nature that underlie not only this ruling but much of the court’s Fourth Amendment jurisprudence. It’s worth wondering what planet the justices — most of them, anyway, and not just the incumbents, but many of their predecessors — have been living on when it comes to encounters between the police and the rest of us.

What the court held, in an opinion by JusticeSamuel A. Alito Jr., is that warrantless entry to prevent the destruction of evidence is justified as long as the police “did not create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment.”

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NYLJ: Courts Begin Notifying Workers of ‘Painful But Unavoidable’ Plans to Trim 367 Jobs

ALBANY- Court administrators began notifying 367 nonjudicial employees this morning that their jobs are about to vanish. Starting June 1, that number of clerk, court officer, court reporter, attorney, support and other positions will be vacated. And the jobs will remain empty as the Judiciary grapples with a $170 million cut in its proposed $2.7 billion budget. Of the cuts being announced today, 343 are in the state’s numerous trial courts and 24 in the appellate courts. They are in addition to the loss two weeks ago of 74 jobs at the Office of Court Administration. The new layoffs represent 2.4 percent of the courts’ 15,326 employees. But 1,928 law clerks, confidential secretaries and other personnel who work directly for the system’s individual judges are exempt from the cuts, meaning that 2.7 percent of the remaining workers are losing their jobs.

Bar Groups Support Gay Marriage

In their remarks at the city bar’s 44th Street headquarters, Mr. Seymour, of Sullivan & Cromwell, and other bar leaders focused on the legal disadvantages faced by unmarried same-sex couples and called civil unions “not an acceptable substitute for marriages.”