Jon Michael Probstein Esq.

Latest Articles

The child was a female around 16 years old when the Family Court made a decision on a change of custody. Matter of Newton v McFarlane, 2019 NY Slip Op 04386, Decided on June 5, 2019, Appellate Division, Second Department, Scheinkman, P.J.: “This appeal raises several important issues pertinent to child custody determinations. We conclude that: (a) the attorney for the child has the authority to pursue an appeal on behalf of the child from…
The child was a female around 16 years old when the Family Court made a decision on a change of custody. Matter of Newton v McFarlane, 2019 NY Slip Op 04386, Decided on June 5, 2019, Appellate Division, Second Department, Scheinkman, P.J.: “This appeal raises several important issues pertinent to child custody determinations. We conclude that: (a) the attorney for the child has the authority to pursue an appeal on behalf of the child from…
From June 4, 2019 Press Release: “The court system’s Office of Justice Initiatives and Office of Policy and Planning today announced an online program to assist homeowners in residential foreclosure lawsuits prepare the paperwork needed to proceed with the case ̶the latest of the court system’s many resources to aid homeowners. The program, which goes live today at www.nycourthelp.gov/DIY, was developed in partnership with Legal Assistance of Western New York, Inc. and Legal Services NYC.”…
Justice delayed may mean justice is denied. Silberstein v Silberstein Awad & Miklos, P.C. , 2019 NY Slip Op 04438, Decided on June 5, 2019, Appellate Division, Second Department: “CPLR 1021 requires a motion for substitution to be made within a reasonable time. The determination of reasonableness requires consideration of several factors, including the diligence of the party seeking substitution, prejudice to the other parties, and whether the party to be substituted has shown that…
It appears that although a foreclosure action is not formally discontinued, the effective abandonment of that action is a “de facto discontinuance” which militates against dismissal of the new action pursuant to RPAPL 1301 (3).  U.S. Bank Trust, N.A. v Humphrey, 2019 NY Slip Op 04445, Decided on June 5, 2019, Appellate Division, Second Department: “The plaintiff, U.S. Bank Trust, N.A. (hereinafter U.S. Bank), commenced this action in October 2014 to foreclose a mortgage, against,…
The Judicial Departments of the Appellate Division of the New York State Supreme Court amended, effective June 1, 2019, the Statement of Client’s Rights and Responsibilities (to be used only when representation is without fee) set forth in section 1400.2 of Part 1400 of Title 22 of the Official Compilations of Codes, Rules and Regulations of the State of New York. See https://www.nycourts.gov/LegacyPDFS/rules/jointappellate/1400.2%20-%20Joint%20Order.pdf
The Judicial Departments of the Appellate Division of the New York State Supreme Court amended, effective June 1, 2019, the Statement of Client’s Rights and Responsibilities (to be used only when representation is without fee) set forth in section 1400.2 of Part 1400 of Title 22 of the Official Compilations of Codes, Rules and Regulations of the State of New York. See https://www.nycourts.gov/LegacyPDFS/rules/jointappellate/1400.2%20-%20Joint%20Order.pdf
Of course, the question is: what constitutes a reasonable excuse for the more than one year delay. Deutsche Bank Natl. Trust Co. v Booker, 2019 NY Slip Op 04356, Decided on June 5, 2019, Appellate Division, Second Department: “In September 2012, the plaintiff commenced an action (hereinafter Action No. 1) against, among others, the defendant Bernard Booker (hereinafter the defendant) to foreclose a mortgage on certain property in Mount Vernon. The defendant was personally served…