This is Part 6 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Make sure to read the previous 5 blog posts to get the full picture! Step 6: Review FOIA Request After the agency has received your fees, it will process your request. The agency may send you a written “initial determination” …
Lawline Roundtable Discussion on Building Your Own Law Practice
[slideshare id=59902137&doc=lawline-buildingalawpractice-160322201923] Join me tomorrow, May 6, 2016 at 3:30pm for the Live Webcast at Lawine for the Roundtable Discussion on starting and building your own law practice. Myself, Daniel Gershberg and Harlan York will work through the above presentation questions. Hear it live tomorrow! If you cannot make the presentation then the recording will be available via Lawline. …
New York Child Custody Law: So What Exactly is “Physical Custody”?
The term “physical custody” or “residential custody” is who the child(ren) live with primarily (i.e., over 50% of the time by looking at overnight stays and “waking hours”). There are two main options with physical custody: (1) Primary Physical Custody with Visitation to the non-custodial parent – Primary physical custody to one parent while giving the other parent reasonable visitation/parenting …
How to Make a Freedom of Information Act Request – Part 5
This is Part 5 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 5: Pay Fees There is no initial fee to file a FOIA request; however, federal agencies are allowed to request “reasonable standard charges for document search, duplication, …
Overview of the Law on Child Custody in New York
Determinations of custody are based on the “best interest of the child.” See DRL § 70; DRL § 240; see Eschbach v. Eschbach, 56 N.Y.2d 167 (N.Y. 1982); see Welsh v. Lewis, 292 A.D.2d 536 (2nd Dept., 2002) (emphasis added). These factors include, inter alia: (1) The parent who has been the primary caretaker; (2) The age and health …
How to Make a Freedom of Information Act Request – Part 4
This is Part 4 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 4: Wait for Government Response Federal governmental agencies are required to respond to FOIA requests within twenty business days, excluding weekends and holidays, beginning from receipt of …
Transcript from Keynote Presentation and Direct Farm Marketing Roundtable
Last fall, I had the pleasure of giving the Keynote address at the University of Tennessee College of Law’s Agriculture Law & Policy Symposium. My presentation from my “National Agriculture Law Update” is found here. I was also on a roundtable discussing direct farm marketing. The presentation materials are found here. Recently, the Tennessee Journal of Law and Policy published …
Choosing a New York Family Law or Divorce Mediator
It is important to choose the right mediator for you and your particular dispute. Mediators vary in experience, language proficiency, subject matter expertise, style, fees, communication, and level of involvement. For example, some mediators are able to speak fluently in different languages or have knowledge in certain family law disputes (e.g., animal ownership disputes). Some mediators do “virtual mediation” while others …
How to Make a Freedom of Information Act Request- Part 3
This is Part 3 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 3: Draft and Mail Your Written FOIA Request Letter You cannot make a FOIA request to a federal agency over the telephone. All FOIA requests must be …
Animal Abuse Registry in Westchester County, New York
Similar to Albany and other counties in New York State, Westchester has taken convictions of animal abuse extremely serious and require those convicted to register with an animal abuse database. The Westchester law requires all persons 18 and older who are convicted to an animal abuse crime to register with the database within ten days of conviction or released from …
Overview of Family Law or Divorce Mediation Process
Initial Consultation It is recommended that parties considering a mediation first have an initial consultation with the mediator. This initial consultation can be via the telephone or in-person. The parties may choose to have the initial consultation together or separately. During this stage, the mediator oftentimes will have the parties sign a confidentiality agreement, explaining that everything stated during the …
Alleged Violation of Supplemental Nutrition Assistance Program (SNAP)? Overview of a “Charge Letter”
Retailers who accept SNAP benefits, also known as food stamps, are subject to random inspections by undercover United State Department of Agriculture (“USDA”) inspectors. The undercover inspectors check to see if retailers are selling unauthorized items or if the retailer is involved in trafficking, which is the exchange of money for food stamps. In the event that the undercover investigator …