Wednesday, March 30, 2016
False Advertising
I saw this billboard somewhere in Valley Stream 2 weeks ago (see below) and I can't stress how misleading it is. Unfortunately, there is no law in NY that permits a lay person (or the govt., for that matter) to take down a billboard that contains grossly misleading information.
In NY, the total for all filing fees ('court costs') for a divorce comes to $370 (and possibly $5 to $15 more for a Certified version of the Judgment of Divorce, which is the only document that can officially end a marriage). Since a divorce case is a civil case that must be filed in the NY Supreme Court, the initial fee to commence the case (meaning to purchase an index number for your case) is $210. I have seen some plaintiffs try to get a waiver of the filing fees (to proceed 'in forma pauperis,' meaning as a poor person), but I don't know how successful those Motions are. But you can't hire a private lawyer and then seek to have the court fees waived, that is not going to work.
Then the total of all the remaining filing fees, to be paid later in the divorce, are $160: $95 for the 'Request for Judicial Intervention' aka 'RJI,' then $30 for the 'Note of Issue' and finally $35 if both parties have signed a divorce agreement which is called a 'Stipulation of Settlement' in NY. I've noticed that anywhere from 95% to 99% of all divorces wind up being settled with this type of written agreement, even if at the start 1 of the spouses swears to pummel the other spouse with 'I'll never pay you a dime,' 'I'd rather spend/give all my money to my lawyer instead of paying you a penny' and other charming statements like this.
I have heard the above statements and their more vulgar variations many times but have resolved all of those divorce cases. There is a huge amount of 'windbagging' in contested divorce and Family Court cases and it often comes from the lawyers themselves. One very important lesson I've learned from working on contested divorce cases and nasty Family Court cases is that when one party (or both) finally run out of money and/or get tired of losing time from work is when these cases finally reach a settlement and are done.
Contested divorce and Family Court cases are chock full of dealing with emotions. After 15 tough years of dealing with other divorce lawyers, many of whom are head cases, not to mention representing clients of my own who have had their divorce cases 'cut up' into pieces by their first/second/third lawyer, I have learned that in America, divorce cases are basically about TWO THINGS: EMOTIONS AND MONEY (in the various forms that it is sought after in these cases).
In some divorce cases, each party will sign the Stipulation of Settlement right away; in other cases, it is signed in the first 6 months. For some others, the Stip. of Settlement is signed in the first year, others in the 2nd year, and still others it is signed on the eve of trial, during the trial, after the trial, and even while the case is on appeal After the judge has already rendered a written 'Decision After Trial.' The court system gives these Stipulations of Settlement much weight and unless one spouse can prove that he/she was forced to sign the Stip. of Settlement under 'duress' or if that spouse can prove that he/she had no idea what he/she was signing ('mistake' they call it), it will be virtually impossible to convince the court to undo/rescind/reopen the Stip. of Settlement. Therefore, a married person better watch out what they are signing and fully understand all the terms, conditions and obligations. A failure to fully understand everything happens as often with American born clients as it does with people who did not grow up in the US.
It is also true that many divorce lawyers, even those with years of experience, will use 'pressure tactics' (this is a nice way of saying they twist their OWN clients' arms) to sign the Stip. of Settlement. I'm sure that many judges are aware of, since almost all judges used to be practicing lawyers, but I have seen that they often look the other way. In many counties/boroughs when each party is represented by a lawyer, the judge Will Not 'allocute' the parties after a Stip. of Settlement has been signed. In contrast, in all criminal cases when the person pleads guilty, the judge is required to ask various questions such as 'are you pleading guilty because you are in fact guilty,' ' have you had enough time to discuss this case with your lawyer' and 'are you satisfied with the services of your lawyer,' etc. But in many counties and boroughs in NY, in a divorce case after a Stip. of Settlement has been signed, many judges do not conduct an allocution, meaning that the clients who signed the Stip. of Settlement will never appear before a judge and be made to answer these above questions on the record.
In addition, so often I've seen in both criminal and divorce cases where 1 party is so scared (or stressed out, ran out of money, confused, angry, or a combination of these) that when he/she is being 'allocuted' by the judge, that person answers Yes to the question 'did you sign this agreement freely and voluntarily' and Yes to the question 'are you satisfied with the services of your lawyer' and, in criminal cases, 'are you pleading guilty because you are in fact guilty.'
The lesson I've learned is that in our legal system, the judge is not there to play Detective with your case. The judges are not authorized by our legal system to conduct their own private investigation into your case. Throughout a contested divorce, Family Court and criminal cases (and others), if the client does not speak the truth or indicate that there is a problem between him/her and the lawyer, the legal system (as represented by the judge) does not intervene on its own will. I have practiced heavily in the area of contested divorces, Family Court practice and criminal defense (beginning in 2000 but working heavily in these areas of law in 2002) and it's obvious that so many currently divorced people are moderately dissatisfied to highly dissatisfied with their divorce agreements a/k/a Stipulations of Settlement. This is one of many reasons why I'll always view contested divorces as the utmost difficult area of law. A lawyer who does not work in this field of law cannot say that he/she deals with any problem that is similar to getting a panicked phone call on a Fri. afternoon saying that the other parent is late for picking up the child(ren) or a call over the weekend saying that he/she can't get in phone contact with the children who are spending time with the other parent. Nothing that I've come across in the area of criminal defense, immigration law, debt collection a/k/a commercial litigation a/k/a civil litigation, landlord-tenant law and Dept. of Labor cases comes close to this type of stress and tension and warfare.
I should wrap it up here but the portion of this billboard that says 'Spouse's Signature NOT Needed' is also not true. All divorce agreements and even an agreement from Family Court must be either signed by both parties (and notarized) or the terms must be placed 'on the record' before a judge/referee in the Court. The Only example of a divorce situation where the signature of the other spouse a/k/a the defendant is not necessary is when After the defendant spouse has been served (either in person, as required by NYS law, or via an alternate method that has been approved by the court), that defendant spouse fails to file an Answer, fails to request additional time in which to file an Answer, and fails to officially 'appear' in some other way. If and only if this happens, the plaintiff spouse has to file a Motion seeking a 'Judgment of Divorce' (On Default) but the plaintiff only has 1 year from the default committed by the defendant in order to do this. The plaintiff's lawyer does not have 3 years to file this type of Motion.
In Contrast, once a divorce case is commenced in NY, so long as the defendant spouse is served within 120 days, as required by law, and the defendant spouse 'answers' in time, if they eventually sign a Stipulation of Settlement years and years later, that Same index number will still be valid to finalize their divorce. I included this for those people who filed for divorce but then abandoned their case. Unless the divorce case is officially discontinued (costs less than $40), that index number can still be used.
Thank you for reading this article and I hope that this information helps someone. I have friends who live outside of NY but I am confident that the laws in other states governing divorces (and criminal cases) are very similar, if not exactly similar. I have to include a DISCLAIMER that prior results are not to be used as a guarantee or assurance of future outcomes from these cases, but I assure you that the information that I've discussed in this post is the 100% truth. It is also very true that other lawyers (not any of my lawyer friends on Facebook, of course) do not put such an emphasis on disseminating this crucial information to a new or potential client in the same way that I have chosen to.
Vehicle Seizure: What is Permissible and Impermissible in Downstate New York (as of Jan. 2016)
Lawyers often speak as if they know everything, but this is not true. I’ve certainly met enough people who have been given inaccurate to grossly inaccurate advice regarding contested divorces and Family Court cases. But this article has to do with the following issue: IF a leased or financed vehicle (automobile, motorcycle, scooter, boat, etc.) is behind on payments, can the vehicle be seized if found on a homeowner’s property? A few years ago, a young woman (she was not a lawyer) told me that the answer was NO. But tonight (Jan. 18, 2016), I confirmed with an expert who has worked for a private asset recovery company for over 13 years (in downstate NY) that the answer is YES.
I work in the area of debt collection, helping both individuals and businesses collect on their debts (pre-judgment and post-judgment enforcement). But the information that this asset recovery specialist told me tonight, I definitely did not know. He works for a private company, not the Sheriff’s office of either Nassau or Suffolk County and he does not work for any of the Marshal’s offices in NYC. Those offices might follow different policies. Once again, the information in this Article is accurate as of JAN. 18, 2016.
First, if a leased or financed vehicle is stored in a garage that is attached to the house, the asset recovery person cannot break open the lock to the garage door. But if the garage door is UNlocked, the door can be opened and the vehicle seized. If the garage door is open altogether, YES the vehicle can be seized.
Second, if the leased or financed vehicle is stored in a stand-alone garage (not attached to the house), the vehicle cannot be seized if the garage is enclosed by a fence with a lock that is properly engaged. But if the fence doesn’t have a lock on it or if the lock is not engaged properly, the asset vehicle specialist can open the fence. Then once that person reaches the garage door, the same restrictions from the immediate preceding paragraph above remain in effect.
**** All attempts by a vehicle seizure specialist to recover a vehicle are governed by the ‘breach of peace’ regulations (probably a part of the NY General Obligations Law (‘GOL’) or the NYCRR, but I didn’t have the time to locate the exact statute). A privately-hired vehicle seizure expert cannot call the police for assistance for merely the recovery of a vehicle. In addition, if the vehicle’s owner (or person leasing the vehicle) creates a ‘breach of the peace’ by getting in or on the vehicle and refusing to get off/out of the vehicle or lies in the street to block the flatbed/tow truck, etc., the vehicle seizure person I spoke with today said that he would have to stop immediately. The key point is that there cannot be an ‘altercation’ involved when seizing a vehicle.
Third, there are no time restrictions on the time of day that a vehicle can be seized. Unlike the laws that prevent process servers in New York State from serving process on a Sunday (or a Saturday if the person to be served is known to observe Saturdays as holy time – see NY Gen. Business Law Secs. 11 and 13), a leased or financed vehicle that is behind on payments can be seized in the dead of the night. I specifically asked if a vehicle can be seized at 4 AM and the person I spoke with said YES. (Getting back to process servers, on the days that they serve papers, they must serve during ‘reasonable times’ which generally means no earlier than 7 AM and no later than 9 PM). A process server definitely cannot serve process at 11 PM, midnight or any time after 8 PM until 7 AM.
Fourth (getting back to vehicle seizure), in New York City there are further restrictions that all private vehicle seizure companies must adhere to. If the City of New York has placed a boot on the car for unpaid parking tickets (or moving violations), a private seizure company cannot seize the vehicle, period. But if the car owner (or Lease holder) has, on his/her own, put a boot on a vehicle that is behind on payments, that vehicle can definitely be seized. Since the vehicle cannot be damaged during the seizure process, the vehicle seizure expert I spoke with said that a flatbed or ‘tow dolly’ must be used to take the vehicle away.
Fifth, in New York City, the vehicle seizure expert can enter the homeowner’s driveway. But the expert seeking to seize the vehicle cannot step beyond the ‘imaginary line’ that is marked by the mailbox, assuming the property has a mailbox that is closer to the sidewalk than the ones generally attached to the house’s outer wall. Also, in New York City only, the electric meter that is generally found on the side of a typical home creates another ‘imaginary line’ that the vehicle seizure expert cannot go past in order to recover a vehicle.
Sixth, after a vehicle is seized, the owner (or Leaseholder) has the right to pay off the unpaid payments (I’ve never seen an agreement for a financed or leased vehicle that has an ‘acceleration clause’ like the typical Mortgage and Note for a house/co-op/condo has). If the unpaid payments that led to the seizure of the financed/leased vehicle are paid even 5 minutes before that vehicle is auctioned off, the owner (or Leaseholder) can recover the vehicle itself.
I also thought that leased vehicles that were seized for non-payment were normally not auctioned off, but the vehicle seizure expert I spoke with said that leased vehicles that are seized will be auctioned off as well.
Seventh (and lastly), some banks (‘lienholders’) will honor a self-imposed moratorium from seizing vehicles that are behind on their payments, but of course those banks will never share with the general public when and for how long these moratorium(s) is/are. When the person I spoke with said this, I thought of landlord-tenant law and the moratorium (no evictions carried out) that the Sheriffs on Long Island and the Marshals in NYC honor from approx. Dec. 15 until Dec. 31 of each year. This moratorium was enacted after a family with children, from several decades ago, was shown on TV having no place to live after they were evicted a few days before Christmas. Nowadays there are generally no evictions that take place starting right after Dec. 15 of each year.
I hope that this information helps someone out! My email address is HenryLungPC@gmail.com and my address is 92 Willis Av., Mineola, NY 11501. Apart from the commentary that I’ve injected in this article, the remaining information was taken from this expert who has worked for a private vehicle seizure company, on Long Island, for the past 13 years. I first asked him this information in early Dec. (2015) and I confirmed all these details again with him today.
The following is the standard disclaimer language that you’ll find on most lawyers’ websites: the information above was compiled for informational purposes only and should not be considered legal advice. I (Henry Lung) make no representations or warranties regarding any of the information contained in this Article. I, Henry Lung, am disclaiming any responsibility and liability in connection with any actions taken (or not taken) based upon the reader’s reliance on the content of this Article. Lastly, by providing information in this manner, I (Henry Lung) do not intend to create a lawyer-client relationship of any kind with the reader. The only way that you, the reader, can become a client is by way of written agreement signed by both you and your attorney, whether your lawyer is Henry Lung or someone else.
List of Red Light Cameras in Nassau & Suffolk County
All Red Light Cameras on Long Island (as of Jan. 2016)
On Mon., Jan. 18, 2016 (yes, on MLK Jr. Day), a red light camera was cut down (or vandalized) in Coram, NY. So far, no one has been charged or arrested.
This news story inspired me to compile this list of all the Red Light Cameras on Long Island (that I could find) in both Nassau and Suffolk. This list is accurate as of Jan. 2016:
Nassau County:
Baldwin
1. Atlantic Avenue and Grand Avenue, Baldwin, 11510
1. Atlantic Avenue and Grand Avenue, Baldwin, 11510
Bellmore
2. Bellmore Avenue and Merrick Road, Bellmore, NY 11710
3. Bellmore Avenue and Newbridge Road, North Bellmore, NY
4. Merrick Road and Newbridge Road, Bellmore, NY 11710
3. Bellmore Avenue and Newbridge Road, North Bellmore, NY
4. Merrick Road and Newbridge Road, Bellmore, NY 11710
Bethpage
5. Central Avenue and Stewart Avenue, Bethpage, NY 11714
Cedarhurst
6. Peninsula Boulevard and Rockaway Turnpike, Cedarhurst, NY 11516
East Meadow
7. Hempstead Bethpage Turnpike and Newbridge Road, East Meadow, NY 11554
8. Merrick Avenue and Hempstead Turnpike, East Meadow, NY 11554
9. Merrick Avenue and Stewart Avenue/Park Boulevard, East Meadow, NY 11554
8. Merrick Avenue and Hempstead Turnpike, East Meadow, NY 11554
9. Merrick Avenue and Stewart Avenue/Park Boulevard, East Meadow, NY 11554
East Rockaway
10. Atlantic Avenue and Ocean Avenue, East Rockaway, NY 11518
Elmont
11. Elmont Road and Linden Boulevard, Elmont, NY 11003
12. Elmont Road and Dutch Broadway, Elmont, NY 11003
12. Elmont Road and Dutch Broadway, Elmont, NY 11003
Franklin Square
13. Hempstead Turnpike and New Hyde Park Road, Franklin Square, NY 11010
Freeport
14. Sunrise Avenue and Grand Avenue, Freeport, NY 11520
Garden City
15. Hempstead Turnpike and Nassau Boulevard S, Garden City South, NY 11552
16. Old Country Road and Ring Road North, East Garden City, NY 11514
17. Stewart Avenue and Endo Boulevard, Garden City, NY 11530
18. Stewart Avenue and South Street, Garden City, NY 11530
16. Old Country Road and Ring Road North, East Garden City, NY 11514
17. Stewart Avenue and Endo Boulevard, Garden City, NY 11530
18. Stewart Avenue and South Street, Garden City, NY 11530
Hewlett
19. Mill Road and Peninsula Boulevard, Hewlett, NY 11557
Inwood
20. Nassau Expressway and Burnside Avenue, Inwood, NY 11096
21. Nassau Expressway and Rockaway Turnpike, Inwood, NY 10034
21. Nassau Expressway and Rockaway Turnpike, Inwood, NY 10034
Island Park
22. Austin Boulevard/Empire Boulevard and Long Beach Road, Island Park, NY 11558
Levittown
23. Hempstead Turnpike and Gardiners Avenue, Levittown, NY 11756
24. Hempstead Turnpike and North Wantagh Avenue, Levittown, NY 11756
25. North Jerusalem and Wantagh Avenue, Levittown, NY 11756
24. Hempstead Turnpike and North Wantagh Avenue, Levittown, NY 11756
25. North Jerusalem and Wantagh Avenue, Levittown, NY 11756
Merrick
26. Merrick Road and South Merrick Avenue, Merrick, NY 11566
Mineola
27. Jericho Turnpike and Mineola Boulevard, Mineola, NY 11501
New Hyde Park
28. Jericho Turnpike and New Hyde Park Road, New Hyde Park
29. Lakeville Road and Union Turnpike, North New Hyde Park, NY 11040
30. Langdale Street and 80th Avenue, New Hyde Park
29. Lakeville Road and Union Turnpike, North New Hyde Park, NY 11040
30. Langdale Street and 80th Avenue, New Hyde Park
Oceanside
31. Atlantic Avenue and Lawson Boulevard, Oceanside, NY 11572
32. Atlantic Avenue and Rockaway Avenue, Oceanside, NY 11572
33. Long Beach Road and Daly Boulevard, Oceanside, NY 11572
34. Long Beach Road and Mott Street, Oceanside, NY 11572
32. Atlantic Avenue and Rockaway Avenue, Oceanside, NY 11572
33. Long Beach Road and Daly Boulevard, Oceanside, NY 11572
34. Long Beach Road and Mott Street, Oceanside, NY 11572
Rockville Centre
35. Lakeview Avenue and Peninsula Boulevard, Rockville Centre, NY 11570
36. New Hyde Park Road and Union Turnpike, New Hyde Park, NY 11040
36. New Hyde Park Road and Union Turnpike, New Hyde Park, NY 11040
Uniondale
37. Jerusalem Avenue and Uniondale Avenue, Uniondale, NY 11553
38. Hempstead Turnpike and Uniondale Avenue, Uniondale, NY 11553
39. Charles Lindbergh Boulevard and Earle Ovington Boulevard, Uniondale, NY 11553
38. Hempstead Turnpike and Uniondale Avenue, Uniondale, NY 11553
39. Charles Lindbergh Boulevard and Earle Ovington Boulevard, Uniondale, NY 11553
Wantagh
40. Wantagh Avenue and Sunrise Highway, Wantagh, NY 11793
41. Jerusalem Avenue and Wantagh Avenue, Wantagh, NY 11793
42. Wantagh Avenue and Old Jerusalem Road, Wantagh, NY 11793
41. Jerusalem Avenue and Wantagh Avenue, Wantagh, NY 11793
42. Wantagh Avenue and Old Jerusalem Road, Wantagh, NY 11793
Woodmere
43. Peninsula Boulevard and Woodmere Blvd, Woodmere NY 11598
Town of North Hempstead
Albertson
44. I U Willets Road and Roslyn Road, Albertson, 11507
45. I U Willets Road and Willis Avenue, Albertson, 11507
44. I U Willets Road and Roslyn Road, Albertson, 11507
45. I U Willets Road and Willis Avenue, Albertson, 11507
Flower Hill
46. Northern Boulevard and Port Washington Boulevard, Flower Hill, NY 11576
Garden City
47. Hempstead Turnpike and Nassau Boulevard S, Garden City South, NY 11552
48. Old Country Road and Ring Road North, East Garden City, NY 11514
49. Stewart Avenue and South Street, Garden City, NY 11530
50. Stewart Avenue and Endo Boulevard, Garden City, NY 11530
48. Old Country Road and Ring Road North, East Garden City, NY 11514
49. Stewart Avenue and South Street, Garden City, NY 11530
50. Stewart Avenue and Endo Boulevard, Garden City, NY 11530
Lake Success
51. Lakeville Road and Marcus Avenue, Lake Success, NY 11020
Mineola
52. Jericho Turnpike and Mineola Boulevard, Mineola, NY 11501
New Hyde Park
53. Lakeville Road and Union Turnpike, North New Hyde Park, NY 11040
54. New Hyde Park Road and Union Turnpike, New Hyde Park, NY 11040
53. Lakeville Road and Union Turnpike, North New Hyde Park, NY 11040
54. New Hyde Park Road and Union Turnpike, New Hyde Park, NY 11040
Old Westbury
55. Guinea Woods Road/Glen Cove Road and I U Willets Road, Old Westbury, NY 11568
Westbury
56. Post Avenue/Merrick Avenue and Old Country Road, Westbury, NY 11590
57. Old Country Road & School St & Salisbury Park Drive, Westbury, NY 11590
58. Jericho Turnpike and Glen Cove Road, Westbury, NY 11590
59. Old Country Road and East Gate Boulevard/Mitchell Avenue, Westbury, NY 11590
60. Old Country Road and Ellison Avenue, Westbury, NY 11590
57. Old Country Road & School St & Salisbury Park Drive, Westbury, NY 11590
58. Jericho Turnpike and Glen Cove Road, Westbury, NY 11590
59. Old Country Road and East Gate Boulevard/Mitchell Avenue, Westbury, NY 11590
60. Old Country Road and Ellison Avenue, Westbury, NY 11590
Town of Oyster Bay
Bethpage
61. Stewart Avenue and Central Avenue, Bethpage, NY 11714
61. Stewart Avenue and Central Avenue, Bethpage, NY 11714
East Massapequa
62. Unqua Road and Sunrise Highway, East Massapequa, NY 11758
Farmingdale
63. Broadhollow Road and Great Neck Road, Farmingdale, NY 11735
64. Broadhollow Road and Conklin St, Farmingdale, NY 11735
65. NY-110 and Great Neck Road, East Farmingdale, 11735
66. Route-109 and New Highway, Farmingdale, NY 11757
64. Broadhollow Road and Conklin St, Farmingdale, NY 11735
65. NY-110 and Great Neck Road, East Farmingdale, 11735
66. Route-109 and New Highway, Farmingdale, NY 11757
Greenvale
67. Northern Boulevard and Glen Cove Road, Greenvale, NY 11548
Hicksville
68. Old Country Road & South Oyster Bay Road & East Old Country Road, Hicksville/Plainview, NY 11801
69. Jerusalem Avenue and Old Country Road, Hicksville, NY 11801
70. South Broadway/Hicksville Road and Old Country Road, Hicksville, NY 11801
71. North Broadway and Nevada Street, Hicksville, NY 11801
72. Woodbury Road and South Oyster Bay Road, Hicksville, NY 11801
69. Jerusalem Avenue and Old Country Road, Hicksville, NY 11801
70. South Broadway/Hicksville Road and Old Country Road, Hicksville, NY 11801
71. North Broadway and Nevada Street, Hicksville, NY 11801
72. Woodbury Road and South Oyster Bay Road, Hicksville, NY 11801
Jericho
73. Jericho Turnpike and Brush Hollow Road, Jericho, NY 11590
74. Jericho Turnpike & Cantiague Rock Road & Brush Hollow Road, Jericho, 11590
73. Jericho Turnpike and Brush Hollow Road, Jericho, NY 11590
74. Jericho Turnpike & Cantiague Rock Road & Brush Hollow Road, Jericho, 11590
Massapequa
75. Merrick Road and Park Boulevard, Massapequa, NY 11758
76. Merrick Road and NY-107, Massapequa, NY 11758
77. Sunrise Highway and Park Lane, Massapequa, NY 11758
75. Merrick Road and Park Boulevard, Massapequa, NY 11758
76. Merrick Road and NY-107, Massapequa, NY 11758
77. Sunrise Highway and Park Lane, Massapequa, NY 11758
Massapequa Park
78. Merrick Road and Park Boulevard/Harbor Lane, Massapequa Park, NY 11762
78. Merrick Road and Park Boulevard/Harbor Lane, Massapequa Park, NY 11762
Plainview
79. Old Country Road and Manetto Hill Road, Plainview, 11803
80. Old Country Road & South Oyster Bay Road & East Old Country Road, Hicksville/Plainview, NY 11801
Syosset
81. Convent Road and Jackson Avenue, Syosset
82. Jericho Turnpike and Underhill Boulevard, Syosset, NY 11791
83. South Woods Road and Syosset-Woodbury Road, Syosset, 11791
79. Old Country Road and Manetto Hill Road, Plainview, 11803
80. Old Country Road & South Oyster Bay Road & East Old Country Road, Hicksville/Plainview, NY 11801
Syosset
81. Convent Road and Jackson Avenue, Syosset
82. Jericho Turnpike and Underhill Boulevard, Syosset, NY 11791
83. South Woods Road and Syosset-Woodbury Road, Syosset, 11791
Woodbury
84. Jericho Turnpike and Woodbury Road, Woodbury, 11797
84. Jericho Turnpike and Woodbury Road, Woodbury, 11797
City of Long Beach
85. Lido Boulevard, Lido Beach, NY 11561 (Speed Camera)
City of Glen Cove
86. Forest Avenue and Walnut Road, Glen Cove, NY 11542
87. Forest Avenue and Dosoris Lane, Glen Cove, NY 11542
88. Brewster Street and Cottage Row, Glen Cove, NY 11542
89. Brewster Street and Forest Avenue, Glen Cove, NY 11542
87. Forest Avenue and Dosoris Lane, Glen Cove, NY 11542
88. Brewster Street and Cottage Row, Glen Cove, NY 11542
89. Brewster Street and Forest Avenue, Glen Cove, NY 11542
Suffolk County
Town of Babylon
Copiague
1. Great Neck Road and Dixon Avenue, Copiague, NY
2. Great Neck Road and Oak Street, Copiague
2. Great Neck Road and Oak Street, Copiague
Deer Park
3. Deer Park Avenue and Grand Boulevard, Deer Park, NY
Lindenhurst
4. NY-109 and Straight Path (CR-2), Lindenhurst, NY 11757
5. Route-109 and Southern State Parkway, Lindenhurst, NY 11757
6. Sunrise Highway and Country Road-2, Lindenhurst, NY 11757
7. Sunrise Highway and North Delaware Avenue, Lindenhurst, NY 11757
8. Sunrise Highway and North Monroe Avenue, Lindenhurst, NY 11757
5. Route-109 and Southern State Parkway, Lindenhurst, NY 11757
6. Sunrise Highway and Country Road-2, Lindenhurst, NY 11757
7. Sunrise Highway and North Delaware Avenue, Lindenhurst, NY 11757
8. Sunrise Highway and North Monroe Avenue, Lindenhurst, NY 11757
Town of Huntington
Commack
9. Jericho Turnpike and Larkfield Road, Commack, NY 11725
10. Jericho Turnpike and Commack Road, Commack, NY 11725
11. County Road 4 and LIE South Service Road, Commack, NY
12. Commack Road and LIE North Service Road, Commack, NY 11725
10. Jericho Turnpike and Commack Road, Commack, NY 11725
11. County Road 4 and LIE South Service Road, Commack, NY
12. Commack Road and LIE North Service Road, Commack, NY 11725
Dix Hills
13. Deer Park Avenue and Straight Path, Dix Hills, NY 11746
14. South Service Road and Route 231, Dix Hills, NY 11746
15. Deer Park Avenue and LIE North Service Road, Dix Hills, NY
13. Deer Park Avenue and Straight Path, Dix Hills, NY 11746
14. South Service Road and Route 231, Dix Hills, NY 11746
15. Deer Park Avenue and LIE North Service Road, Dix Hills, NY
Huntington
16. Park Avenue and Pulaski Road, Huntington
Huntington Station
17. West Jericho Turnpike and Oakwood Road, Huntington Station, NY 11746
18. NY-110 and West Jericho Turnpike, Huntington Station, NY
19. West Jericho Turnpike and Pidgeon Hill Road, Huntington Station, NY 11746
17. West Jericho Turnpike and Oakwood Road, Huntington Station, NY 11746
18. NY-110 and West Jericho Turnpike, Huntington Station, NY
19. West Jericho Turnpike and Pidgeon Hill Road, Huntington Station, NY 11746
Town of Islip
Hauppauge
20. NY-454 and Old Willets Path, Hauppauge, NY 11788
21. Route 111 and LIE South Service Road, Hauppauge, NY 11788
22. Long Island Motor Parkway and Expressway Drive North, Hauppauge, NY 11788
23. NY-454 and Long Island Motor Parkway, Hauppauge, NY 11788
21. Route 111 and LIE South Service Road, Hauppauge, NY 11788
22. Long Island Motor Parkway and Expressway Drive North, Hauppauge, NY 11788
23. NY-454 and Long Island Motor Parkway, Hauppauge, NY 11788
Holtsville
24. Blue Point Road and Long Island Avenue, Holtsville
Islandia
25. NY-454 and E Suffolk Avenue, Islandia, NY 11749
26. Expressway Drive North and Old Nichols Road, Islandia, NY 11749
27. Expressway Drive South and Old Nichols Road, Islandia, NY 11749
25. NY-454 and E Suffolk Avenue, Islandia, NY 11749
26. Expressway Drive North and Old Nichols Road, Islandia, NY 11749
27. Expressway Drive South and Old Nichols Road, Islandia, NY 11749
Ronkonkoma
28. Ronkonkoma Avenue and Expressway Drive North, Ronkonkoma
29. Ocean Avenue and Expressway Drive South, Ronkonkoma
30. Expressway Drive South and North Ocean Avenue, Ronkonkoma
29. Ocean Avenue and Expressway Drive South, Ronkonkoma
30. Expressway Drive South and North Ocean Avenue, Ronkonkoma
Sayville
31. Sunrise Highway and Johnson Avenue, Sayville, NY
Town of Smithtown
Commack
32. Jericho Turnpike and Larkfield Road, Commack, NY 11725
33. Jericho Turnpike and Commack Road, Commack, NY 11725
34. County Road 4 and LIE South Service Road, Commack, NY 11725
35. Commack Road and LIE North Service Road, Commack, NY 11725
33. Jericho Turnpike and Commack Road, Commack, NY 11725
34. County Road 4 and LIE South Service Road, Commack, NY 11725
35. Commack Road and LIE North Service Road, Commack, NY 11725
Hauppauge
36. NY-454 and Old Willets Path, Hauppauge, NY 11788
37. Route 111 and LIE South Service Road, Hauppauge, NY 11788
38. Long Island Motor Parkway and Expressway Drive North, Hauppauge, NY 11788
39.. NY-454 and Long Island Motor Parkway, Hauppauge, NY 11788
36. NY-454 and Old Willets Path, Hauppauge, NY 11788
37. Route 111 and LIE South Service Road, Hauppauge, NY 11788
38. Long Island Motor Parkway and Expressway Drive North, Hauppauge, NY 11788
39.. NY-454 and Long Island Motor Parkway, Hauppauge, NY 11788
Nesconset
40. NY-347 and Middle Country Road, Nesconset, NY 11767
41. Route-25 and Route-347, Nesconset, NY 11767
41. Route-25 and Route-347, Nesconset, NY 11767
Town of Brookhaven
Centerreach
42. Middle Country Road and Eastwood Boulevard, Centereach, NY
43. Middle Country Road and Holbrook Road, Centereach, NY
42. Middle Country Road and Eastwood Boulevard, Centereach, NY
43. Middle Country Road and Holbrook Road, Centereach, NY
Coram
44. Freemont Lane and Old Town Road, Coram, NY (red light and speed camera)
44. Freemont Lane and Old Town Road, Coram, NY (red light and speed camera)
Holtsville
45. Blue Point Road and Long Island Avenue, Holtsville
45. Blue Point Road and Long Island Avenue, Holtsville
Manorville
46. Wading River Road and South Street, Manorville, NY
46. Wading River Road and South Street, Manorville, NY
Mastic Beach
47. William Floyd Parkway and Montauk Highway, Mastic Beach, NY
47. William Floyd Parkway and Montauk Highway, Mastic Beach, NY
Port Jefferson
48. Route-347 and Route-112, Port Jefferson, NY
48. Route-347 and Route-112, Port Jefferson, NY
Ronkonkoma
49. Ronkonkoma Avenue and Expressway Drive North, Ronkonkoma
50. Ocean Avenue and Expressway Drive South, Ronkonkoma
51. Expressway Drive South and North Ocean Avenue, Ronkonkoma
49. Ronkonkoma Avenue and Expressway Drive North, Ronkonkoma
50. Ocean Avenue and Expressway Drive South, Ronkonkoma
51. Expressway Drive South and North Ocean Avenue, Ronkonkoma
Selden
52. Old Town Rd and Patchogue-Mt. Sinai Road, Selden, NY
53. Roslyn Avenue and Adirondack Drive, Selden, NY (STOP SIGN CAMERA)
54. Route-25 and Boyle Road, Selden, NY
55. Middle Country Road and Marshal Drive, Selden, NY
53. Roslyn Avenue and Adirondack Drive, Selden, NY (STOP SIGN CAMERA)
54. Route-25 and Boyle Road, Selden, NY
55. Middle Country Road and Marshal Drive, Selden, NY
Stony Brook
56. Route-347 and Stony Brook Road, Stony Brook, NY
56. Route-347 and Stony Brook Road, Stony Brook, NY
List of Red Light Cameras in Queens County
As of Feb. 4, 2016, here is a list of all the red light cameras in Queens County. I can’t say for sure that this list is complete, but I found almost 100 of these intersections.
It might sound obvious, but a $50 fine (with no points) is not as good as No Fine and No Points. Drive safe!
1. 108th Street and Horace Harding Expressway, Queens, NY 11368
2. 108th Street and 52nd Ave, Queens, NY 11368
3. 114th Street and North Conduit Avenue, Queens, NY 11420
4. 20th Avenue and College Point Boulevard, Queens, NY 11356
5. 156th Avenue and Cross Bay Boulevard, Queens, NY 11414
6. 23rd Avenue and 94th Street, Queens, NY 11369
7. 39th Street (Northbound) and Northern boulevard, Queens, NY 11101
8. Route-878 (Nassau Expressway/Rockaway Boulevard) and Guy R Brewer Boulevard (Westbound), Queens, NY 11434
9. 91st Avenue and 116th Street, Queens, NY 11418
10. Ascan Avenue and Queens Boulevard, Queens, NY 11375
11. Astoria Boulevard and 94th Street, Queens, NY 11369
12. Astoria Boulevard and 108th Street, Queens, NY 11369
13. Astoria Boulevard and 108th Street and 31st Drive, Queens, NY 11369
14. Astoria Boulevard North and Steinway Street, Queens, NY 11105
15. Astoria Boulevard South and Steinway Street, Queens, NY 11105
16. Atlantic Avenue and Lefferts Boulevard (119th Street), Queens, NY 11418
17. Atlantic Avenue and Woodhaven Boulevard, Queens, NY 11416
18. Atlantic Avenue and 116th Street, Queens, NY 11418
19. Atlantic Avenue and Woodhaven Boulevard, Queens, NY 11416
20. Beach Channel Drive and Beach 140th Street, Queens, NY 11694
21. Beach Channel Drive and Seagirt Boulevard, Queens, NY 11691
22. Beach Channel Drive and Horton Avenue and Hassock Street, Queens, NY 11691
23. Beach Channel Drive and Hassock Street, Queens, NY 11691
24. Bell Boulevard and 73rd Avenue, Queens, NY 11364
25. Booth Memorial Avenue and Kissena Boulevard, Queens, NY 11355
26. Broadway and Corona Avenue, Queens, NY 11373
27. Broadway and Northern Boulevard, Queens, NY 11377
28. Broadway and Grand Avenue and Queens Boulevard, Queens, NY 11373
29. Broadway and Queens Boulevard, Queens, NY 11373
30. Cooper Avenue and Metropolitan Avenue, Queens, NY 11385
31. Cross Bay Boulevard and 156th Avenue, Queens, NY 11414
32. Cross Bay Boulevard and Liberty Avenue, Queens, NY 11417
33. Woodhaven Boulevard and Rockaway Boulevard [A], Queens, NY 11417
34. Cross Bay Boulevard and Pitkin Avenue, Queens, NY 11417
35. Cross Bay Boulevard and Sutter Avenue, Queens, NY 11417
36. Cross Bay Boulevard and 165th Avenue, Queens, NY 11414
37. Cooper Avenue and 65th Street, Queens, NY 11385
38. Cooper Avenue and Cypress Hills Street, Queens, NY 11385
39. Ditmars Boulevard and 81st Street, Queens, NY 11371
40. Ditmars Boulevard and 82nd Street, Queens, NY 11369
41. Francis Lewis Boulevard and Hillside Avenue, Queens, NY 11427
(This intersection contains both a red light camera and a speeding camera)
42. Francis Lewis Boulevard and Jamaica Avenue, Queens, NY 11423
43. Francis Lewis Boulevard and Union Turnpike, Queens, NY 11427
44. Francis Lewis Boulevard and Utopia Parkway, Queens, NY 11358
45. Hillside Avenue and Little Neck Parkway, Queens, NY 11426
46. Hillside Avenue and Lefferts Boulevard, Queens, NY 11418
47. Hillside Avenue and 188th Street, Queens, NY 11423
48. Horace Harding Expressway and 108th Street, Queens, NY 11368 (Fine : Unreported)
49. Horace Harding Expressway and Little Neck Parkway, Queens, NY 11362
50. Horace Harding Expressway (LIE Service Road) and Francis Lewis Boulevard, Queens, NY 11364
51. Hoyt Avenue North and 31st Street, Queens, NY 11102
52. Hoyt Avenue North and 31st Street (at the Exit of the Triborough [Robert F. Kennedy] Bridge),
53. Queens, NY 11102
54. Jewel Avenue and Park Drive East, Queens, NY 11367
55. Joseph P Addabbo Memorial Bridge and 165th Avenue, Queens, NY 11414
56. Langdale Street and 80th Avenue, Queens, NY 11040
57. Liberty Avenue and Woodhaven Boulevard, Queens, NY 11417
58. Main Street and Gravett Road, Queens, NY 11367
59. Main Street and Union Turnpike, Queens, NY 11435
60. Marathon Parkway and Northern Boulevard, Queens, NY 11362
61. Metropolitan Avenue and Cooper Avenue, Queens, NY 11385
62. Metropolitan Avenue and Fresh Pond Road, Queens, NY 11385
63. Midland Parkway and Hillside Avenue, Queens, NY 11432
64. North Conduit Avenue and Cohancy Street, Queens, NY 11417
65. North Conduit Avenue and Springfield Boulevard, Queens, NY 11413
66. North Conduit Avenue and Lefferts Boulevard, Queens, NY 11420
67. Bell Boulevard and 35th Avenue, Queens, NY 11361
68. North Conduit Avenue and 114th Street, Queens, NY 11420
69. Northern Boulevard and Broadway, Queens, NY 11377
70. Northern Boulevard and 114th Street, Queens, NY 11369
71. Northern Boulevard and 48th Street, Queens, NY 11101
72. Northern Boulevard and Union Street, Queens, NY 11354
73. Northern Boulevard and Douglaston Parkway, Queens, NY 11362
74. Queens Boulevard and 58th Street, Queens, NY 11377
75. Queens Boulevard and Grand Avenue, Queens, NY 11373
76. Queens Boulevard and 71st Avenue, Queens, NY 11375
77. Queens Boulevard and Broadway, Queens, NY 11373
78. Queens Boulevard and Grand Avenue, Queens, NY 11373
79. Queens Boulevard and Roosevelt Avenue and 48th Street, Queens, NY 11104
80. Route-878 (Rockaway Boulevard) and Brookville Avenue, Queens, NY 11422
81. Route-878 (Rockaway Boulevard) and North Conduit Avenue, Queens, NY 11434
82. Route-878 (Rockaway Boulevard) and Woodhaven Boulevard, Queens, NY 11417
83. Seagirt Boulevard and Beach 9th Street, Queens, NY 11691
84. LIE Service Road Entrance onto Van Wyck Expressway West, Queens, NY 11367
85. South Conduit Avenue and 89th Street, Queens, NY 11414
86. Springfield Boulevard and 115th Avenue, Queens, NY 11411
87. Van Wyck Expressway and 101st Avenue, Queens, NY 11419
88. Van Wyck Expressway and Linden Boulevard (at the Exit’s Intersection), Queens, NY 11435
89. Van Wyck Expressway and Rockaway Boulevard, Queens, NY 11420
90. Woodhaven Boulevard and Liberty Avenue, Queens, NY 11417
91. Woodhaven Boulevard and 62nd Road, Queens, NY 11374
92. Woodhaven Boulevard and Union Turnpike, Queens, NY 11385
93. Woodhaven Boulevard and Yellowstone Boulevard, Queens, NY 11379
94. Woodhaven Boulevard North and Cooper Avenue, Queens, NY 11374
95. Woodhaven Boulevard and Furmanville Boulevard, Queens, NY 11374
96. Woodhaven Boulevard and Jamaica Avenue, Queens, NY 11421
97. Woodhaven Boulevard and Rockaway Avenue, Queens, NY 11417
2. 108th Street and 52nd Ave, Queens, NY 11368
3. 114th Street and North Conduit Avenue, Queens, NY 11420
4. 20th Avenue and College Point Boulevard, Queens, NY 11356
5. 156th Avenue and Cross Bay Boulevard, Queens, NY 11414
6. 23rd Avenue and 94th Street, Queens, NY 11369
7. 39th Street (Northbound) and Northern boulevard, Queens, NY 11101
8. Route-878 (Nassau Expressway/Rockaway Boulevard) and Guy R Brewer Boulevard (Westbound), Queens, NY 11434
9. 91st Avenue and 116th Street, Queens, NY 11418
10. Ascan Avenue and Queens Boulevard, Queens, NY 11375
11. Astoria Boulevard and 94th Street, Queens, NY 11369
12. Astoria Boulevard and 108th Street, Queens, NY 11369
13. Astoria Boulevard and 108th Street and 31st Drive, Queens, NY 11369
14. Astoria Boulevard North and Steinway Street, Queens, NY 11105
15. Astoria Boulevard South and Steinway Street, Queens, NY 11105
16. Atlantic Avenue and Lefferts Boulevard (119th Street), Queens, NY 11418
17. Atlantic Avenue and Woodhaven Boulevard, Queens, NY 11416
18. Atlantic Avenue and 116th Street, Queens, NY 11418
19. Atlantic Avenue and Woodhaven Boulevard, Queens, NY 11416
20. Beach Channel Drive and Beach 140th Street, Queens, NY 11694
21. Beach Channel Drive and Seagirt Boulevard, Queens, NY 11691
22. Beach Channel Drive and Horton Avenue and Hassock Street, Queens, NY 11691
23. Beach Channel Drive and Hassock Street, Queens, NY 11691
24. Bell Boulevard and 73rd Avenue, Queens, NY 11364
25. Booth Memorial Avenue and Kissena Boulevard, Queens, NY 11355
26. Broadway and Corona Avenue, Queens, NY 11373
27. Broadway and Northern Boulevard, Queens, NY 11377
28. Broadway and Grand Avenue and Queens Boulevard, Queens, NY 11373
29. Broadway and Queens Boulevard, Queens, NY 11373
30. Cooper Avenue and Metropolitan Avenue, Queens, NY 11385
31. Cross Bay Boulevard and 156th Avenue, Queens, NY 11414
32. Cross Bay Boulevard and Liberty Avenue, Queens, NY 11417
33. Woodhaven Boulevard and Rockaway Boulevard [A], Queens, NY 11417
34. Cross Bay Boulevard and Pitkin Avenue, Queens, NY 11417
35. Cross Bay Boulevard and Sutter Avenue, Queens, NY 11417
36. Cross Bay Boulevard and 165th Avenue, Queens, NY 11414
37. Cooper Avenue and 65th Street, Queens, NY 11385
38. Cooper Avenue and Cypress Hills Street, Queens, NY 11385
39. Ditmars Boulevard and 81st Street, Queens, NY 11371
40. Ditmars Boulevard and 82nd Street, Queens, NY 11369
41. Francis Lewis Boulevard and Hillside Avenue, Queens, NY 11427
(This intersection contains both a red light camera and a speeding camera)
42. Francis Lewis Boulevard and Jamaica Avenue, Queens, NY 11423
43. Francis Lewis Boulevard and Union Turnpike, Queens, NY 11427
44. Francis Lewis Boulevard and Utopia Parkway, Queens, NY 11358
45. Hillside Avenue and Little Neck Parkway, Queens, NY 11426
46. Hillside Avenue and Lefferts Boulevard, Queens, NY 11418
47. Hillside Avenue and 188th Street, Queens, NY 11423
48. Horace Harding Expressway and 108th Street, Queens, NY 11368 (Fine : Unreported)
49. Horace Harding Expressway and Little Neck Parkway, Queens, NY 11362
50. Horace Harding Expressway (LIE Service Road) and Francis Lewis Boulevard, Queens, NY 11364
51. Hoyt Avenue North and 31st Street, Queens, NY 11102
52. Hoyt Avenue North and 31st Street (at the Exit of the Triborough [Robert F. Kennedy] Bridge),
53. Queens, NY 11102
54. Jewel Avenue and Park Drive East, Queens, NY 11367
55. Joseph P Addabbo Memorial Bridge and 165th Avenue, Queens, NY 11414
56. Langdale Street and 80th Avenue, Queens, NY 11040
57. Liberty Avenue and Woodhaven Boulevard, Queens, NY 11417
58. Main Street and Gravett Road, Queens, NY 11367
59. Main Street and Union Turnpike, Queens, NY 11435
60. Marathon Parkway and Northern Boulevard, Queens, NY 11362
61. Metropolitan Avenue and Cooper Avenue, Queens, NY 11385
62. Metropolitan Avenue and Fresh Pond Road, Queens, NY 11385
63. Midland Parkway and Hillside Avenue, Queens, NY 11432
64. North Conduit Avenue and Cohancy Street, Queens, NY 11417
65. North Conduit Avenue and Springfield Boulevard, Queens, NY 11413
66. North Conduit Avenue and Lefferts Boulevard, Queens, NY 11420
67. Bell Boulevard and 35th Avenue, Queens, NY 11361
68. North Conduit Avenue and 114th Street, Queens, NY 11420
69. Northern Boulevard and Broadway, Queens, NY 11377
70. Northern Boulevard and 114th Street, Queens, NY 11369
71. Northern Boulevard and 48th Street, Queens, NY 11101
72. Northern Boulevard and Union Street, Queens, NY 11354
73. Northern Boulevard and Douglaston Parkway, Queens, NY 11362
74. Queens Boulevard and 58th Street, Queens, NY 11377
75. Queens Boulevard and Grand Avenue, Queens, NY 11373
76. Queens Boulevard and 71st Avenue, Queens, NY 11375
77. Queens Boulevard and Broadway, Queens, NY 11373
78. Queens Boulevard and Grand Avenue, Queens, NY 11373
79. Queens Boulevard and Roosevelt Avenue and 48th Street, Queens, NY 11104
80. Route-878 (Rockaway Boulevard) and Brookville Avenue, Queens, NY 11422
81. Route-878 (Rockaway Boulevard) and North Conduit Avenue, Queens, NY 11434
82. Route-878 (Rockaway Boulevard) and Woodhaven Boulevard, Queens, NY 11417
83. Seagirt Boulevard and Beach 9th Street, Queens, NY 11691
84. LIE Service Road Entrance onto Van Wyck Expressway West, Queens, NY 11367
85. South Conduit Avenue and 89th Street, Queens, NY 11414
86. Springfield Boulevard and 115th Avenue, Queens, NY 11411
87. Van Wyck Expressway and 101st Avenue, Queens, NY 11419
88. Van Wyck Expressway and Linden Boulevard (at the Exit’s Intersection), Queens, NY 11435
89. Van Wyck Expressway and Rockaway Boulevard, Queens, NY 11420
90. Woodhaven Boulevard and Liberty Avenue, Queens, NY 11417
91. Woodhaven Boulevard and 62nd Road, Queens, NY 11374
92. Woodhaven Boulevard and Union Turnpike, Queens, NY 11385
93. Woodhaven Boulevard and Yellowstone Boulevard, Queens, NY 11379
94. Woodhaven Boulevard North and Cooper Avenue, Queens, NY 11374
95. Woodhaven Boulevard and Furmanville Boulevard, Queens, NY 11374
96. Woodhaven Boulevard and Jamaica Avenue, Queens, NY 11421
97. Woodhaven Boulevard and Rockaway Avenue, Queens, NY 11417
Unlisted Street Names in Queens
Ieffers Blvd. and 115 Ave
Camera Type: Red Light Camera
Camera Type: Red Light Camera
Ieffers Blvd. and 120 Ave
Camera Type: Red Light Camera
Camera Type: Red Light Camera
Ieffers Blvd. and linden Blvd.
Camera Type: Red Light Camera
Camera Type: Red Light Camera
Main St and 43 rd or 43 pl
Camera Type: Red Light Camera
Camera Type: Red Light Camera
ROCKAWAY TPKE
Camera Type: Red Light Camera
Camera Type: Red Light Camera
Woodhaven Blvd South and Pitkin Ave
Camera Type: Red Light Camera
Camera Type: Red Light Camera
Thursday, March 24, 2016
Contested Divorce Pt. 2
This is the First 'exhibit' from my article on Contested Divorces: Using Family Court to your client's advantage. This letter was sent to my client from her original law firm informing her that her husband had been personally served with the divorce papers.
Unfortunately, her original law firm only met with her for 1 hour (and she paid them $8,000), so she did have any idea of what was to happen next in the divorce process.
Second Exhibit from the article on 'Contested Divorces: Using the Family Court to your client's advantage: this is the Affidavit of Service showing that the husband of my client was personally served on May 3, 2012 with divorce papers. Once my client hired me and I saw that her original law firm had filed the divorce case, I immediately withdrew the divorce case from the Supreme Court, then I filed her Petition seeking sole custody of their children in the Family Court.
Third Exhibit from my article on 'Using the Family Court to your client's advantage: this is a Notice of Appearance and it is normally the very first document that the attorney representing the defendant will file with the Court. Before I could withdraw her previously-filed divorce case, I had to first 'appear' by filing this document. Filing this document is necessary in order for the Court to officially recognize any lawyer as representing any particular litigant.
This document was filed on June 11, 2012 and I withdrew her divorce case on that same day.
This document was filed on June 11, 2012 and I withdrew her divorce case on that same day.
Fourth Exhibit from the article on 'Using Family Court to your client's advantage': this document informs the court that a new lawyer is now representing a litigant that had been previously represented by some other lawyer. It's called a 'Consent to Change Attorney' form that my client signed stating that I was now her attorney. I had to file this document first before I was able to withdraw the divorce case from the Supreme Court.
Fifth Exhibit from the article on 'Using the Family Court to your client's advantage': here is the document that officially withdrew her divorce case. In essence it is an Affidavit signed by her, but I did not need to have her sign it. As her attorney, I could have filed my own 'Affirmation' stating that I was authorized to withdraw her divorce case. But I asked her to sign it in order to show that I had her consent to withdraw the divorce case.
Sixth Exhibit: here is the receipt for the payment of the $35 fee that is required anytime a lawsuit in the Supreme Court is withdrawn. This was also paid on June 11, 2012 when I withdrew my client's divorce case.
Seventh exhibit from the article on 'Using the Family Court to your client's advantage': the lawyer that the husband of my client hired mailed me this document in June, 2012. This document is dated June 8, 2012 (on the next page, see the next attachment) but as of June 11, 2012 when I officially withdrew her divorce case from the Supreme Court, the husband's lawyer had NOT yet filed this document with the Court.
This is what permitted me to withdraw my client's divorce case. If the defendant spouse does not officially 'appear' in your divorce case (Supreme Court), the plaintiff, through her attorney, can withdraw that divorce case 'without prejudice.'
Eighth Exhibit, which is the Second page of the Notice of Appearance that the lawyer representing the husband of my client mailed me. It is dated June 8, 2012 but I did NOT receive it on June 8. Even more importantly, this document was not filed with the clerk of the Supreme Court on June 11, 2012, the day that I withdrew my client's divorce case.
Ninth Exhibit from the article on 'Using the Family Court to your client's advantage': the lawyer that the husband of my client hired is highly regarded and has been invited by the NYS Bar Assoc. to speak at their lectures in the area of divorces a/k/a 'matrimonial law.' The next attachment shows the inside of this pamphlet where all the speakers' names are listed; his lawyer spoke at this lecture from 2013. All in all there were less than 35 speakers in total who were invited by the NYS Bar Association to speak on five (5) separate occasions across New York State on this topic.
Tenth Exhibit: the lawyer that the husband of my client hired is listed under the 'Program Faculty.' If you read the article that I wrote, my client's own father paid for this lawyer to represent his son-in-law (married to my client). The article that I wrote on Wed., Jan. 7, 2015 explains why my client's father went to this length to foil her plans to get divorced.
Eleventh exhibit: this is another NYS Bar Assoc. lecture that the lawyer who represented the husband of my client spoke at. The lawyer that I am referring to is highly regarded because this lawyer is a regular speaker at these lectures that the NYSBA offers.
12th exhibit: the lawyer that represented the husband of my client is listed under the 'Program Faculty.'
13th Exhibit: here is the certified mail receipt showing when my client's Petition seeking sole custody of her children was filed in the FAMILY COURT, after her divorce case was withdrawn by me. The clerk signed for the mailing on June 18, 2012.
It IS possible to file a Petition in the Family Court, so long as you have filled out the paperwork correctly and have sent in the correct # of copies. If you have been divorced and are taking your ex-spouse to the Family Court, you must include a copy of the Judgment of Divorce. The # of copies that you are required to mail in varies from county to county.
It IS possible to file a Petition in the Family Court, so long as you have filled out the paperwork correctly and have sent in the correct # of copies. If you have been divorced and are taking your ex-spouse to the Family Court, you must include a copy of the Judgment of Divorce. The # of copies that you are required to mail in varies from county to county.
14th Exhibit: this is the first page of my client's Petition seeking sole custody of her children, filed in the Family Court and stamped by the clerk. See the clerk's stamp
towards the upper right side. The next exhibits will show how fast my client and I were assigned the first date to appear in the Family Court. It would NEVER have been as fast in the Supreme Court where the divorce case was filed (by my client's former lawyer).
towards the upper right side. The next exhibits will show how fast my client and I were assigned the first date to appear in the Family Court. It would NEVER have been as fast in the Supreme Court where the divorce case was filed (by my client's former lawyer).
15th Exhibit: this is the last page of my client's Petition seeking sole custody that was filed in the Family Court.
16th Exhibit and easily 1 of the most important for the article on 'Using the Family Court to your client's advantage: this is the First Notice to Appear for the Family Court case that I filed for my client. Look at the date, it was processed on June 20, 2012 and the first court date was scheduled for July 10, 2012!
Let me tell you, nothing but nothing in the Supreme Court ever happens that quickly (unless some kind of emergency 'Motion' is filed alongside the commencement of the divorce case, which really does not happen that often).
This document here perfectly illustrates my point that the Family Court, in whatever county/borough you live in, wlll ALWAYS schedule a new case faster than the Supreme Court will do (for a divorce case). It was also a great blessing that this case was assigned to the best and most efficient judge in the entire Family Court bldg that this case was filed in, a lovely judge who has since retired.
This document here perfectly illustrates my point that the Family Court, in whatever county/borough you live in, wlll ALWAYS schedule a new case faster than the Supreme Court will do (for a divorce case). It was also a great blessing that this case was assigned to the best and most efficient judge in the entire Family Court bldg that this case was filed in, a lovely judge who has since retired.
17th Exhibit: after our first court appearance in the Family Court, this Temporary Order was prepared by me and presented to the Family Court for signature. This Temporary Order does not grant my client (the wife) the physical custody of the children that was seeking, but basically 4 months later (in 2012), the entire custody and visitation case was over and she was awarded sole residential custody And 'final say' in all matters relating to legal custody. These provisions constitute a complete victory for the custodial parent because even though 'shared legal custody' means that both parents must consult with each other regarding all major decisions regarding the children (educational, religious upbringing if any, medical, health and general welfare), the 'Final Say' would always remain with my client and be hers to make.
The ex-husband would not be able to block her.
The ex-husband would not be able to block her.
18th Exhibit: this is the 2nd page of the Temporary Order that I typed out and the Court signed without any objection from either the 'attorney for the children' or the lawyer who represented the husband of my client. When both parties are represented by respective attorneys, the Court normally requires that 1 of the lawyers types up and files with the Family Court a proposed Order that reflects what the parties have agreed to OR what the judge has ordered must take place.
19th Exhibit: this is the last page of the First Temporary Order from the Family Court case regarding custody and visitation. I filed it on Aug. 10, it was signed on Aug. 13 by the judge, and I probably received it in the mail 1 or 2 days after.
20th Exhibit: in the cases where I have filed a Petition seeking custody for my client in the Family Court (or any other Petition that relates to an area that is in dispute and would normally be made a part of the divorce case by most other lawyers), the other lawyer normally 'retaliates' by filing a divorce case immediately in the Supreme Court. Therefore, I was not surprised to see that the husband's lawyer filed an entirely new divorce case and served my client (while she was at the public pool, no less). Once the new divorce case was filed, I had to file this 'Answer.'
Please note that from the filing of the brand-new divorce case (in the Supreme Court) until the end of our case in the FAMILY Court, there was not 1 conference in the Supreme Court that was requested by either me or the husband's lawyer. In other words, the parties and their lawyers were Not running from court to court and missing 'double time' for both cases. It is my experience that when I get to file First in the Family Court in order to hasten my client's divorce case, the lawyer for my client's spouse absolutely DOES NOT try to push the divorce case along at the very same time.
Please note that from the filing of the brand-new divorce case (in the Supreme Court) until the end of our case in the FAMILY Court, there was not 1 conference in the Supreme Court that was requested by either me or the husband's lawyer. In other words, the parties and their lawyers were Not running from court to court and missing 'double time' for both cases. It is my experience that when I get to file First in the Family Court in order to hasten my client's divorce case, the lawyer for my client's spouse absolutely DOES NOT try to push the divorce case along at the very same time.
21st Exhibit: this the 2nd page of the 'Answer and Counterclaim' that I filed. Remember that if your client sues you for divorce, you can absolutely file a Counterclaim and sue him/her right back, also for divorce! This way you might wind up 'taking the divorce' at the very end of the case.
22nd Exhibit: this is a continuation of the Counterclaim that i filed (along with my client's Answer) in the brand-new divorce case that the lawyer representing the husband of my client filed, After I discontinued the original divorce and immediately filed her Petition seeking sole custody in the Family Court.
23rd Exhibit: this is the last page of the 'Answer and Counterclaim' that I filed on my client's behalf in the newly-filed divorce case.
24th Exhibit: this is the 'Notice of Entry' that I filed along with the First 'Temporary Order Regarding Parenting Time' that was signed by the Judge in our Family Court case. The filing of an 'Order with Notice of Entry' is the document that starts the clock running on the time in which the 'losing party' has in which to appeal the Order.
Remember how I after I withdrew my client's divorce case, I then filed this Petition in the Family Court in early June, 2012, then it was processed by the Family Court in mid-June, 2012, then we were given our first court date in July, 2012, then the judge signed the very first Temporary Order in the Family Court case in Aug., 2012? I am telling you that NOTHING happens this quickly in the Supreme Court, not in divorce cases and not in any other type of lawsuit that is filed in the Supreme Court.
Remember how I after I withdrew my client's divorce case, I then filed this Petition in the Family Court in early June, 2012, then it was processed by the Family Court in mid-June, 2012, then we were given our first court date in July, 2012, then the judge signed the very first Temporary Order in the Family Court case in Aug., 2012? I am telling you that NOTHING happens this quickly in the Supreme Court, not in divorce cases and not in any other type of lawsuit that is filed in the Supreme Court.
25th Exhibit: this is the actual TRIAL SCHEDULE that our judge in the Family Court (for the custody and visitation case) set down for all the parties back in Sept., 2012. The date on this Notice to Appear (bottom left hand corner) is Oct. 18, 2012, but we had already been assigned this schedule leading up to trial in Sept., 2012.
The judge that our case happened to be assigned to (she is now retired) was great at getting to the bottom of each case and sniffing out the strengths and weaknesses of each party/parent. Therefore, she did not believe that the expensive, mind-numbing process of 'forensics' was necessary, which was why this case was pushed forward so quickly. The parties would up settling on the eve of Dec. 3, 2012, which would have been the first day of trial.
Keep in mind that the very First Time that we even appeared in the Family Court for this case was in July, 2012. You will never see this kind of swiftness in the Supreme Court for a divorce case.
The judge that our case happened to be assigned to (she is now retired) was great at getting to the bottom of each case and sniffing out the strengths and weaknesses of each party/parent. Therefore, she did not believe that the expensive, mind-numbing process of 'forensics' was necessary, which was why this case was pushed forward so quickly. The parties would up settling on the eve of Dec. 3, 2012, which would have been the first day of trial.
Keep in mind that the very First Time that we even appeared in the Family Court for this case was in July, 2012. You will never see this kind of swiftness in the Supreme Court for a divorce case.
This is the first page of the Final Order a/k/a Stipulation of Settlement that resolved all the issues having to do with the parties' custody and visitation of their children. As you can see, I forgot to 'black out' Judge Phillips' name, but so be it. She was a pleasure to practice law in front of and she is/was an excellent example of what an outstanding 'matrimonial law' judge should be: pro-active, smart, fair but tough and always no-nonsense.
Second page of the parties' agreement regarding custody and visitation. This written language is all my work. When either a Family Court case or divorce case settles, there is no set law or rule as to which lawyer will write the final written agreement. Since I had written the first two (2) 'Temporary Orders' in this case, I offered to write the final Stipulation of Settlement' and my client was fine with it.
I have learned that I can finish writing this document and send it to my adversary for his/her commentary on my draft faster than most lawyers can. I guess I do this by working very long hours.
I have learned that I can finish writing this document and send it to my adversary for his/her commentary on my draft faster than most lawyers can. I guess I do this by working very long hours.
Third page of the parties' final agreement on the issues of custody and visitation.
Page 4 of their final agreement, often called a 'Stipulation of Settlement' in New York courts.
Page 4 of their final agreement, often called a 'Stipulation of Settlement' in New York courts. Comments
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