TWITCHELL TECH. PRODS., LLC v. MECHOSHADE SYS., LLC, 2024 NY Slip Op 1744 - NY: Appellate Div., 2nd Dept. 2024: "This appeal requires us to analyze the factors to consider when evaluating whether a restrictive covenant in an ordinary commercial contract is enforceable. Although there is a dearth of New York state case law on this issue, we agree with those courts that have analyzed these types of covenants under a rule of reason, considering (1) whether the covenant protects a legitimate business interest; (2) the reasonableness of the geographic scope and temporal duration; and (3) the degr ..read more

IN RE ADOPTION OF FLAVIA, Mass: Appeals Court 2023: "In this consolidated appeal, we affirm Juvenile Court decrees terminating the mother's and the father's parental rights to their twin daughters, Flavia and Helen, but we vacate an order denying postdecree motions filed by the twins and their older half-brother, Mark (a pseudonym). The motions cited G. L. c. 119, § 26B (b), and requested an order for sibling visitation.[2] Because we conclude that an order should have entered, we remand the matter for further proceedings. Background. 1. Facts. The Department of Children and Families (depart ..read more

Sabey v. Butterfield, Dist. Court, D. Massachusetts 2024: "Joshua Sabey and Sarah Perkins are the parents of two young children who were removed from their home at 1:00 A.M. on a Saturday morning by the Massachusetts Department of Child and Family Services ("DCF") with the assistance of police officers from the City of Waltham. The forced removal took place without a warrant three days after an emergency room doctor discovered that the youngest child had two healing rib fractures, the cause of which was uncertain. Sabey and Perkins, individually and on behalf of their two children, brought s ..read more

Jusino v. FEDERATION OF CATHOLIC TEACHERS, INC., 2024 NY Slip Op 50315,  - Sup Ct. Richmond Co, March 25, 2024: "The plaintiff in this action, Ramon K. Jusino (hereinafter "Plaintiff"), was a high school theology teacher employed by Notre Dame Academy of Staten Island (hereinafter "NDA"), a Catholic high school. In this capacity, Plaintiff was a member of the Federation of Catholic Teachers, Inc. (hereinafter "Defendant"), the defendant in this action, which serves as a labor organization representing teachers employed by Catholic schools. Plaintiff commenced this action by filing a sum ..read more

JH v. CH, 2024 NY Slip Op 50220 - NY: Supreme Court, Putnam 2024: "It is ORDERED that the applications are disposed of as follows. The applications before the Court compel a re-examination of Kahn v. Kahn, 43 NY2d 203 (1978). There, the Court of Appeals held that real property owned by spouses as tenants by the entirety may not be ordered sold prior to entry of a Judgment of Divorce, as the tenancy cannot be severed in the absence of a judgment. Although tenancies by the entirety remain a part of the real property law of New York (see, EPTL §6-2.2), the nature and legal incidents of the unio ..read more

Grant v. GLOBAL AIRCRAFT DISPATCH, INC., 2024 NY Slip Op 183 - NY: Appellate Div., 2nd Dept. 2024: "In Vega v CM & Assoc. Constr. Mgt., LLC (175 AD3d 1144), the Appellate Division, First Department, considered the question now before this Court—whether Labor Law § 198(1-a) expressly provides a private right of action for a manual worker paid on a biweekly basis in violation of Labor Law § 191(1)(a) to recover liquidated damages, interest, and attorneys' fees. The First Department determined that such a private right of action exists, concluding that the "wage claim[s]" to which section 1 ..read more

NJL v. CAL, 2024 NY Slip Op 50140 - Nassau Co. Sup. Court 2024: "This case presents a sad and unfortunate set of facts. The important fact central to this application is not in dispute. The parties' underlying matrimonial action was commenced on December 7, 2020. After two-and-a-half years of litigation, which included twelve (12) motions, family offense petitions, the issuance of order(s) of protection, and the start of a trial, these parties resolved their matrimonial action. During the trial, the parties resolved the issues of custody and parenting time by a Stipulation which was spread o ..read more

109th Affordable Housing L.L.C. v. Beck, Date filed: 2024-01-31, Court: Civil Court, New York, Judge: Judge Karen May Bacdayan, Case Number: LT-312349-23/NY: "Can a Nonpayment Proceeding Commenced Pursuant to RPAPL 711 (2) Be Maintained Against a Month-to-Month Tenant as Defined by Real Property Law §232-c? As this court has previously held, the law in the First Judicial Department is clear that for a landlord to commence a summary eviction proceeding pursuant to RPAPL 711 (2), it must be based upon an agreement to pay rent. The RPAPL provides that a nonpayment proceeding may be maintained ..read more

  Posting this for my future use: ***Please note that OCA staff are mandated reporters. While the OCA says that complaints are confidential, the staff could file a 51A if they receive information about possible neglect or abuse.***   The Office of the Child Advocate’s (OCA) Complaint Line is a resource for any person, in their professional or personal capacity, who has a concern about the quality of state services a child is receiving or a concern that a child is not receiving state services for which they are eligible. The Complaint Line also serves as a resource to anyone who nee ..read more

Currently in Massachusetts, I deal with similar issues regarding antipsychotic medications and children.  The following cases are from NY but here the patient is not a child but an incarcerated adult. The standard is the same, basically centering around a best interest determination. The first decision from June 2023 sets forth a certain medication and the second decision from January 2024 deals with having to change the medication. 1. MATTER OF WIKTORKO, 2023 NY Slip Op 50667 - NY: Supreme Court, Washington 2023: "Following a hearing in this treatment over objection application the Cou ..read more