About CasePrepPlus

About CasePrepPlus

CasePrepPlus is an exclusive benefit of membership in the New York State Bar Association.

 

New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.


Featured Case

FOURTH DEPARTMENT

FAMILY LAW.

There Is No Legal Support for a ‘Tri-Parent’ Arrangement Where a Former Same-Sex Partner of Mother, Mother and Father Share Visitation and Custody of the Child

The Fourth Department, in a full-fledged opinion by Justice Centra, over a two-justice concurrence and a dissent, determined petitioner, the former same-sex partner of mother, did not have standing to seek custody and visitation of the child, despite mother’s support of the petition. The petitioner moved out of mother’s residence in 2010. Mother thereafter conceived a child with father. At first father wanted nothing to do with the child, but he has visited the child since 2014: “We are … in agreement with the Third Department’s recent decision determining that to allow three parents to ‘simultaneously have standing to seek custody . . . does not comport with the holding in Matter of Brooke S.B.’ ” (Matter of Shanna O. v. James P., 176 AD3d 1334, 1335 [3d Dept 2019]). Matter of Tomeka N.H. v. Jesus R., 2020 N.Y. Slip Op. 02015, Fourth Dept 3-20-20