News

Bill Ryan attending the Association of Towns Conference in New York City. The Association was established in 1933. The Association serves town governments by providing training programs, legal services, research, technical assistance and more to all member Towns in New York State. The Association holds its annual conference and training school each year in New […]

Part II: Practice Tips Requesting and Preparing for the SCPA 1404 Examination in New York To challenge a will, you have the option to file objections either on or before the return date of the probate citation or after a SCPA 1404 examination. You must generally make this election on or before the first appearance.

Many litigation attorneys are afraid of Surrogate’s Court. They may not understand the SCPA or how to initiate the proceedings. They may not even know what a complaint is called in Surrogate’s Court. Don’t worry! This blog series will guide you through the process. As you will see, it is a lot easier than you

In New York, a person may be found guilty of false imprisonment and in some cases even kidnapping when he restrains or moves a person to another place (see Penal Law §§ 135.00 [1], [2]; 135.05; 135.20). Some defense attorneys have argued that the technical application of these statutes is too broad. They could arguably

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

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