Issue: 2022 Vol. 54 No. 2

New Rules Governing Matrimonial Actions

22 N.Y.C.R.R. §§ 202.16, 202.16-a, 202.16-b, and 202.18, of the Uniform Rules for the Supreme Court and the County Court (“Uniform Rules”) are the “matrimonial rules.” Effective July 1, 2022, the matrimonial rules were revised to specifically incorporate 22 N.Y.C.R.R. Part 202 which contains many of the Commercial Division rules.1 In this article, we discuss the … Continued

Ukraine: Stay and Remain

The Pentagon has deployed thousands of servicemembers in response to the Russian invasion of Ukraine. Naval frigates, surveillance aircraft, artillery units and brigade combat teams are part of the first-ever NATO Response Force. As of the writing of this article, President Biden announced the stationing in Romania of a Brigade Combat Team from V Corps … Continued

Recent Legislation, Cases and Trends in Matrimonial Law

RECENT LEGISLATION Adult Survivors Act becomes law, opening legal options for sexual assault survivors In 2019, Albany passed the Child Victims Act (CVA), which extended the criminal and civil statutes of limitations and opened a one-year “lookback window” to allow victims of childhood sexual abuse to sue their abusers and the co-conspiratorial institutions that facilitated … Continued

Golan v. Saada Case

U.S. Supreme Court vacated the determination of the U.S. Court of Appeals for the Second Circuit. It found that the Hague Convention empowers our courts with judicial discretion to consider ameliorative measures that might facilitate the return of a child to its habitual residence while still protecting the child’s safety. However, consideration of all ameliorative … Continued

The Evolution of the Status of Religious Observance and Best Interest in Custody Matters

The leading standard governing child custody matters is the best interest of the child. This standard is referred to and cited in the seminal case of Friederwitzer v. Friederwitzer.1 Friederwitzer has been cited in many legal memoranda and cases concerning this standard. The best interest standard is used by the courts in deciding custody matters, and the standard … Continued

The Evisceration of Fundamental Rights by the United States Supreme Court Is Just Beginning

This commentary was initially slated to address the fallacy of the “speedy trial.” That, however, is for another day given the most recent decision of the United States Supreme Court, in Dobbs v. Jackson Women’s Health Organization,1 which overturned Roe v. Wade.2 The New York State Bar Association, along with many other similar organizations, has decried the decision in Dobbs.3 … Continued