New York Agriculture Liens: Stableman’s Lien

Rincker LawBusiness/Commercial Law, Food & Ag Law 4 Comments

Under Section 183 of NY Lien Law, any veterinarian who renders treatment to or boards any dog, cat, or other domestic animal or person keeping a livery stable, boarding stable or pasturing animals has a lien over the animal and any equipment kept and stored in conjunction with the animal, such as a “wagon, truck, cart, carriage, vehicle or harness”.   Possession of this …

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New York Child Custody and Visitation Law: What About Supervised Visitation?

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The New York Court of Appeals has held that absent any threat to the child’s wellbeing, those people who have visitation rights have the right to unsupervised visitation with his or her child.  Weiss v. Weiss, 52 N.Y.2d 170 (1981); Nancy M. v. Brian M., 227 A.D.2d 404 (1996); Twersky v. Twersky, 103 A.D.2d 775 (1984). For the court to …

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New York Agriculture Liens: Liens for Service of Stallions or Bulls

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Under Section 160 of NY Lien Law, the “owner of a stallion or bull shall have a lien on each mare or cow served together with the foal or calf of each mare or cow from such service, for the amount agreed on at the time of service. . .”  However, said lien will not be able to be enforced if the owner falsely states the …

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Animal Abuse Registry in Rockland County, New York

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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 …

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Child Custody and Visitation Law: Getting a Parenting Plan for School Breaks and Summer Vacation

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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) …

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New York Agriculture Lien Law: Landlord’s Lien

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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 …

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Child Custody and Visitation: Getting a Holiday Schedule in Place

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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 …

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New York Agriculture Liens: Background

Rincker LawBusiness/Commercial Law, Food & Ag Law 1 Comment

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 …

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Child Custody and Visitation: Getting the Basic Parenting Schedule in Place

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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 …

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Additional Considerations with Child Custody and Visitation Agreements – Think About Communication

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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 …

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Cost for Obtaining a Wine License or Permit

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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 …

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Animal Abuse Registry in Nassau County, New York

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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 …

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