Yearly Archives: 2015

/2015

Tax Certiorari Victory

Municipal law attorney, William F. Ryan, Jr., is known for his outstanding work in defending municipalities in Tax Certiorari matters.  One of his most recent victories was in Benderson 85-1 Trust v. The Board of Assessment Review for the Town of Ulster; The Assessor of the Town of Ulster and the Town of Ulster, New [...]

By |2019-05-02T16:31:29-04:00December 4th, 2015|Categories: Uncategorized|0 Comments

Business Officials’ Contracts

In Averbach v. Board of Education of the New Paltz Central School District, 147 A.D.2d 152 (1989) an Assistant Superintendent for Business was appointed to a probationary term of employment pursuant to Education Law Section 3012(1)(b) under a three year written contract. The appointee was discharged prior to expiration of the contract term without being [...]

By |2019-02-25T11:58:42-05:00November 12th, 2015|Categories: Uncategorized|0 Comments

Does an Appeal Waiver Preclude a Defendant from Appealing?

The People can and often require a defendant to waive the right to appeal in connection with a plea bargain.  The waiver, however, is not absolute.  The defendant can still file a notice of appeal to challenge certain issues. One such issue that survives the waiver concerns the validity or voluntariness of the plea.  Notwithstanding [...]

By |2019-02-25T12:01:19-05:00November 5th, 2015|Categories: Uncategorized|0 Comments

What is the Statute of Limitations for a Turnover Proceeding Under SCPA?

A SCPA Article 21 proceeding may be used to recover the assets of the decedent when they are wrongfully transferred during the decedent’s lifetime.  The issue becomes difficult when you ask when the proceeding should be commenced. The answer to this question depends on the nature of the underlying wrongdoing.  Generally, the applicable statute of [...]

By |2019-02-25T12:02:11-05:00October 26th, 2015|Categories: Uncategorized|0 Comments

Can you admit a lost or destroyed will to probate?

An estate practitioner may be faced with a situation where the original will of the decedent cannot be found after his or her death.  Don’t worry, at least not just yet. In such a case, SCPA 1407 provides the procedure for admitting a lost or destroyed will to probate.  The first hurdle is to establish [...]

By |2019-05-02T16:37:47-04:00September 4th, 2015|Categories: Uncategorized|0 Comments