Factual Errors in Criminal Complaints Cannot Be Cured by Prosecutors
In misdemeanor practice across New York State, there comes a time when there are factual errors made in a criminal complaint or information (the accusatory instrument). This post discusses what happens in those situations.
One common mistake,...
Penal Law 170.20 – Criminal Possession of a Forged Instrument
Our office has seen a recent uptick in New York law enforcement agencies issuing desk appearance tickets (DATs) or field appearance tickets (FATs) for this charge. From the Suffolk County Police, all the way to the NYPD in Queens, Manhattan,...
New 2% Rate of Interest on NYS Money Judgments
On New Year's Eve, Governor Hochul signed Senate Bill S5724A which amends the New York Civil Practice Law and Rules in relation to the rate of interest applicable to to money judgments arising out of consumer debt.
Criminal Penalties of the NY Highway Use Tax Law
As a commercial carrier operating in NY state on public highways, you are likely subject to the NYS Highway Use Tax (or HUT). If you fail to comply with the HUT Law, the NYS Tax Department can do the following: (i) deny a certificate of registration to...
Is Adultery Still Relevant in New York Matrimonial Actions?
In New York, the Domestic Relations Law sets forth multiple grounds for divorce in New York. The "traditional" grounds for divorce, including adultery, have been rendered nearly extinct because of New York's passage of equitable distribution and the "No-Fault" divorce that was added in 2010.
Even with the passage...
Removing a Freeze on a Bank Account in New York
It is possible that a creditor may freeze your bank account after they have received a Court judgment. A creditor does not have to warn you before placing a freeze on your account, and often times you will not know about a freeze until attempting to use your debit card. Our office...
Medical Providers are Required to Collect Co-Pays from Patients Insured by NYSHIP
New York's highest court recently visited the topic of out-of-network medical providers providing patient care to people covered by the New York State Health Insurance Program (or the Empire Plan as it is commonly called).
In the Matter of Plastic Surgery Group P.C., v. Comptroller...
How to beat and defend a charge of AUO (Aggravated Unlicensed Operation) In the Third Degree
New York is a state that criminalizes driving with a suspended license. Other states have moved away from this practice, but not New York. Vehicle and Traffic § Law 511(1)(a) provides that a person is guilty of a misdemeanor punishable by a term of imprisonment up to 30 days and/or a fine...
Is it a Suspension or a Toll? Executive Orders 202.8 through 202.67
Today we write about New York Executive Order 202.67, which was signed by the Governor October 5 and extends until November 3, the time limits for commencement, filing, or service of any legal "action, notice, motion, or other...
Is it a Suspension or a Toll? Executive Orders 202.8 through 202.67
Today we write about New York Executive Order 202.67, which was signed by the Governor October 5 and extends until November 3, the time limits for commencement, filing, or service of any legal "action, notice, motion, or other...