Following Suffolk County’s decision to maintain an animal abuse registry, Rockland County also enacted a law to have those convicted of animal abuse crimes register. Rockland County requires all persons convicted of an animal abuse crime to register with the database within five days of being sentenced or being released from incarceration. Each registrant has to pay an annual $50.00 …
Child Custody and Visitation Law: Getting a Parenting Plan for School Breaks and Summer Vacation
School Breaks Schools in New York typically have four (4) school breaks: Thanksgiving/Fall Break, Christmas/Winter Break, President’s Day/Mid-Winter Break, and Easter/Spring Break. When drafting a parenting plan, parents should be cognizant on what was agreed to with the holiday schedule. Here is an example schedule (for illustrative purposes): School Break Time Even Years Odd Years Mid-Winter Recess (President’s Day Week) …
New York Agriculture Lien Law: Landlord’s Lien
A landlord’s lien used to be superior to other creditors’ claims; however, in New York, it does not arise automatically because a landlord-tenant relationship is created. Landlords who want to retain title to the products of the land against the tenant’s other creditors must explicitly include a provision to that effect in the lease. Both the landlord and tenant should memorialize their …
Child Custody and Visitation: Getting a Holiday Schedule in Place
After deciding the “basic parenting time schedule”, parents should then decide how they want to handle holidays. Holidays include the following: School holidays/ National holidays (e.g., Columbus Day, Memorial Day) Religious holidays (e.g., Easter) Other holidays (e.g., Halloween) Birthdays (parents and children) Father’s Day and Mother’s Day Parents should make a list of all applicable holidays in which the parents …
New York Agriculture Liens: Background
The scope of the revised Uniform Commercial Code (“UCC”) Article 9 is newly expanded to cover the perfection, priority, and enforcement of nonpossessory “Agricultural Liens” in the farm products of those borrowers involved in farming operations. The definition of “agricultural liens” is different than the broader and more general category of “secured interest”. UCC Article 9 does not supersede any existing statutory …
Child Custody and Visitation: Getting the Basic Parenting Schedule in Place
Parents should decide on a “basic parenting time schedule” that the parents will conduct in a regular week. Parents should consider what is reasonable taking into consideration the location of the parent’s home, the parent’s schedule and the child’s schedule. If the parents do not live near each other, the parenting schedule deviates from regular short-term access such as every …
Additional Considerations with Child Custody and Visitation Agreements – Think About Communication
Information Sharing Most parenting plans include a provision requiring the parents to share information about the child(ren) with such information as: medical records psychological records law enforcement records school report cards school progress reports school event calendar (e.g., school play, parent-teacher conferences) extra-curricular activities calendar (e.g., baseball game schedule or dance recitals). Some parents decide to keep a shared calendar …
Cost for Obtaining a Wine License or Permit
Anyone who intends to produce or blend wine must obtain a Federal Basic Permit from the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) and a permit in accordance with NY’s ABC law. The TTB Permit is referred to as the “Application for Basic Permit Under the Federal Alcohol Administration Act” and may be found here. The New York application …
Animal Abuse Registry in Nassau County, New York
Following in the steps of multiple other counties, Nassau has also passed a statute that requires convicted animal abusers to register with a database. The law requires all persons 18 and older who are convicted of an animal abuse crime to register with the Animal Abuse Registry located with the Nassau County Police Department within five days of conviction or …
New York Child Custody Law: What About Splitting Siblings?
The courts prefer to keep siblings together for stability, companionship and close family ties. “Young brothers and sisters need each other’s strengths and association in their everyday and often common experiences, and to separate them, unnecessarily, is likely to be traumatic and harmful.” Obey v. Degling, 37 N.Y.2d 768 (1975). However, the courts will order split custody if it’s in …
New York Child Custody Law: So What Exactly is “Legal Custody?”
Legal custody refers to the parent or parents that have decision-making authority over “major decisions” regarding the child, such as non-emergency medical care, religion, education, and extracurricular activities. When you think of the phrase “legal custody,” replace it with the phrase “decision-making” (e.g., sole decision-making or joint decision-making). Please note that “day-to-day” decisions are made with the parent who has …
Trailer for Upcoming Lawline Presentation: Overview of Common Agriculture Contracts
I am excited to be hosting another webcast for Lawline on July 28th – this time on an overview of common agriculture contracts. This will be especially useful for food and agriculture lawyers or those attorneys interested in getting a broad stroke understanding of various transactions in the agriculture contest. Attorneys can receive Continuing Legal Education (“CLE”) credits but it’s …