New York Appellate Court Issues Amazing SIJ Decision: Matter of Marisol N.H., et al.

Bryan Johnson writes : "On February 5, 2014, the Appellate Division of the Second Judicial Department in New York issued a splendid decision that will have a huge impact on the future of undocumented children in New York. In many situations, in order for an undocumented child to obtain residency...

John G. Farinacci: Abandonment Cases in Surrogate’s Court Present Difficult Factual Issues

By John G. Farinacci Naturally, abandonment and failure to meet support obligations are two grounds upon which an otherwise lawful heir can be disqualified from inheriting in New York as in most other jurisdictions. EPTL 5-1.2. Failure to support is generally easier to determine. However, with the...

Asylum Fraud in Chinatown: An Industry of Lies

"As an increasing number of Chinese have sought permanent immigration status here, asylum has become a popular way to achieve it: Asylum recipients are granted immediate permission to work and can apply for a green card a year later. Amid this rising demand, an ecosystem of law offices and other...

New York Program Gets Public Defenders for Immigrants

"Anderson Cadet arrived at the Varick Street courthouse in an orange jumpsuit, shackled at the wrists, prepared to fight his deportation without an attorney. In immigration court, there is generally no right to free legal counsel. Many immigrants represent themselves. But on this cold February morning...

New York City Council Passes Bill Requiring Businesses With Five or More Workers to Provide Paid Sick Leave

On February 26, 2014, the New York City Council, by a vote of 46 to 5, passed a bill, Int. No. 1-A-2014 (the “Bill”) , amending the New York City Earned Sick Time Act to provide that effective April 1, 2014, among other revisions, employers in New York City which employ five to 14 employees...

Norton Rose Fulbright: New York Court Says Medical Device Distributor’s Lost Profits Are Direct, Not Consequential, Damages

By Frederick Robinson and Glen Banks In its March 27th opinion in Biotronik A.G. v. Conor Medsystems Ireland Ltd . 1 [ enhanced opinion available to lexis.com subscribers ], a sharply divided New York Court of Appeals ruled that a "no consequential damages" clause in a distribution agreement...

NYC Asbestos Litigation Justice Ends Deferral Of Punitive Damages, Keeps CMO Intact

NEW YORK — Continued deferral of punitive damages in New York City Asbestos Litigation (NYCAL) unfairly prejudices plaintiffs, and fears of runaway verdicts bankrupting defendants appear overblown in light of the standard necessary for such awards, a New York justice held today. The justice also...

Immigrants in New York City Bolster Housing Values

"Immigrants have helped stabilize New York City housing values over the past two decades and at the same time boosted property in once-troubled neighborhoods, according to a report to be released Thursday . The report—sponsored by the Americas Society / Council of the Americas—credits...

Immigration and New York City: The Contributions of Foreign-Born Americans to New York's Renaissance, 1975–2013

"This Americas Society / Council of the Americas report shows how immigration has helped revitalize New York City since the mid-1970s by making communities safer, increasing public revenue, and boosting the city’s population. The data shows that immigration has reduced New York City’s...

Babst Calland: New York Attorney General Seeks Dismissal of Fracking Lawsuits

By Michael C. Murphy The New York Attorney General’s office has filed motions to dismiss two lawsuits that seek to force Governor Cuomo to end a delay in deciding the future of shale drilling within the State. The two lawsuits, filed separately by a group of landowners and the bankruptcy trustee...

John G. Farinacci: Rules Concerning Non-Party Subpoenas Finally Made Uniform

By John G. Farinacci, Esq. In New York Surrogate’s Court litigation, there are many unique discovery devices that would be foreign to an attorney that litigates primarily in State Supreme Court. An SCPA 2103 discovery proceeding is one example. However, the majority of discovery in Surrogate’s...

Searching for Frank: What Is A Diligent Search For Heirs?

By Jennifer F. Hillman, Esq. | Finding the current whereabouts of long-lost beneficiaries or distributes may be one of the more difficult aspects of an estate proceeding. Aside from the jurisdictional requirements, what happens when a beneficiary or distributee has not been heard from for decades...

United States Supreme Court Remands Patent Case For Review As To Whether Terms In The Patent Are Sufficiently Define Under The Patent Act

The United States Supreme Court, on June 2, 2014, handed down the opinion in the case of Nautilus Inc. v. Biosig Instruments, Inc, 13-369 . Biosig Instruments, Inc. (Biosig) held a patent for a heart rate monitor and filed a patent infringement action against Nautilus, Inc. (Nautilus) that claimed that...

2nd Circuit: $5M Contingent Payment Pursuant To Sept. 11 Settlement Not Triggered

NEW YORK — (Mealey’s) The Second Circuit U.S. Court of Appeals on June 9 found that a lower federal court erred in ordering the WTC Captive Insurance Co. Inc. to make a $5 million first contingent payment pursuant to the settlement of personal injury claims filed against the City of New York...

Recent Changes to New York's Estate Tax Laws

By David R. Schoenhaar, Esq.* Effective April 1, 2014, as part of the implementation of the 2014-2015 budget, the legislature and Governor Cuomo made significant changes to New York’s estate and trust income tax laws. According to Governor Cuomo, a key objective is to provide tax relief to New...

Split New York High Court: Municipalities May Pass Laws Banning Fracking

ALBANY, N.Y. — (Mealey’s) A divided New York Court of Appeals on June 30 ruled that local municipalities may pass bans on the oil and gas extraction procedure that uses hydraulic fracturing because the supersession clause in the statewide Oil, Gas Solution Mining Law (OGSML) does not preempt...

U.S. Supreme Court Rejects Saudi Arabia’s Appeal Disputing Reopening Of 9/11 Suit

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 30 refused to hear the Kingdom of Saudi Arabia’s appeal of the Second Circuit U.S. Court of Appeals’ finding that a lower federal court erred in denying insurers’ motion to reopen a judgment that dismissed sovereign...

Steptoe & Johnson PLLC: New York Court of Appeals Upholds Local Zoning Restrictions on Oil and Gas

On June 30, 2014, the New York Court of Appeals ruled that under the “Home Rule” principle, towns may ban oil and gas production activities, including but not limited to hydraulic fracturing, through the use of local zoning laws in the case of Wallach v. Town of Dryden . The Court ruled that...

Babst Calland: New York’s Highest Court Upholds Right of Municipalities to Ban Oil and Gas Activities

By Michael C. Murphy Today the New York Court of Appeals issued an opinion affirming local zoning laws adopted by two upstate towns that prohibited oil and gas-related activities within their borders. Specifically, the Court ruled that there was nothing within the plain language, statutory scheme...

N.Y. Ct. App. on Padilla Retroactivity: People v. Baret

"The United States Supreme Court held in Padilla v Kentucky (559 US 356 [2010]) that the Sixth Amendment requires criminal defense counsel to advise their noncitizen clients about the risk of deportation arising from a guilty plea. The Court subsequently held in Chaidez v United States (568 US __...

Jennifer F. Hillman: Inheritance Rights of Posthumously Conceived Children in New York State

By: Jennifer F. Hillman, Esq. Medical technology continues to advance at a rapid pace. Since the first “test tube” baby was born on July 25, 1978, the field of artificial reproduction has blossomed. According to the United Stated Department of Health and Human Services Office of Population...

Foley & Lardner LLP: N.Y. Property Tax Exemption Extension for Renewable Energy Systems

The New York legislature has passed a bill that extends a real property tax exemption for wind, solar and certain other energy systems until January 1, 2025. The bill provides that real property which includes an eligible energy system is exempt from certain real property taxes for a period of fifteen...

New York Announces $2.2 Million Restitution Fund For Victims Of Immigration Scam

"Attorney General Eric T. Schneiderman today announced that thousands of victims who were defrauded by two immigration services organizations, the International Immigrants Foundation, Inc. (IIF) and the International Professional Association, Inc. (IPA), could begin applying for compensation from...

2nd Circuit: Bankruptcy Court Order Final; Insurers’ Deals With Asbestos Claimants Valid

NEW YORK — (Mealey's) The Second Circuit U.S. Court of Appeals on July 22 reinstated a federal bankruptcy court ruling requiring two insurance companies to pay $510 million to asbestos personal injury plaintiffs under decades-old settlements, finding that conditions precedent to payment under...

Babst Calland: New York Court Dismisses Suits Seeking to Compel State’s Environmental Impact Statement

By Holly A. Pisanelli On July 11, 2014, a New York state trial court dismissed two similar cases in which the plaintiffs sought to compel the State to finalize a Supplemental Generic Environmental Impact Statement (“SGEIS”) pursuant to the State Environmental Quality Review Act (“SEQRA”...