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Thursday, January 5, 2012

Our NY appellate attorney's dicussion on appeals regarding equitable distribution subsequent or ancillary to a divorce action.

New York Appeals and an action for equitable distribution subsequent to a foreign judgment of divorce.

Domestic Relations Law §236(b)(2) and 5(a) provide in relevant part,

Except as provided in subdivision five of this part, the provisions of this part shall be applicable to actions for an annulment or dissolution of a marriage, for a divorce, for a separation, for a declaration of the nullity of a void marriage, for a declaration of the validity or nullity of a foreign judgment of divorce, for a declaration of the validity or nullity of a marriage, and to proceedings to obtain maintenance or a distribution of marital property following a foreign judgment of divorce, commenced on and after the effective date of this part. Any application which seeks a modification of a judgment, order or decree made in an action commenced prior to the effective date of this part shall be heard and determined in accordance with the provisions of part A of this section.  Domestic Relations Law § 236.

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Monday, November 14, 2011

Appellant's right to counsel in a New York appeal from a family court matter.

Appellate Division, Second Department

Before: Rivera, J.P., Skelos, Hall, Austin, JJ.

Decided: November 1, 2011


In the present appeal by the mother from a fact-finding order in a child protective proceeding which, inter alia, found that she had neglected the subject child, the mother's counsel submitted a brief pursuant to Anders v. California (386 US 738), in which he moves for leave to withdraw as counsel for the appellant. We take this opportunity to review the basic principles espoused in Anders and their proper application, as well as the responsibilities of counsel in relation to the filing of briefs pursuant to Anders.

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