Author Archives: Friedman & Ranzenhofer

New FMLA Regulations Affecting Military Families

The U.S. Department of Labor (“DOL”) has issued new regulations interpreting the Family and Medical Leave Act (“FMLA”) for military families which went into effect January 16, 2009. Exigency Leave:  Employees may take up to 12 weeks for qualifying exigency leave arising from an employee’s spouse, child or parent being called up to active duty […]

New York DWI Dismissed For No Probable Cause

A hearing was held in the Dutchess County, New York Justice Court to determine whether probable cause existed to stop the defendant and arrest him for driving while intoxicated. A trooper testified that he observed the defendant at 3:20 am crossing the fog line (solid white line along the right edge of the road) three […]

Consequences Of Refusing The New York DWI Chemical Test

If you refuse a chemical test for BAC (Blood Alcohol Content), your license will be suspended at arraignment and revoked for at least one year (18 months for a commercial driver) at a Department of Motor Vehicles hearing. If you are age 21 or over and you have a second refusal within five years of […]

Revocation Of CDL In The Buffalo Area For DWI Conviction

Compared to other drivers, those holding a Commercial Driver License (or CDL Class A, B, or C) are held to stricter Blood Alcohol Content (BAC) standards, and face tougher penalties, while operating a vehicle that requires a CDL license. A single conviction for DWI, DWAI, or having a .04 percent or higher BAC requires a […]

Major Changes To New York Powers Of Attorney

A new law concerning New York powers of attorney, originally effective March 1, 2009, has been delayed until September 1, 2009. There are ten major changes affecting the content and the execution of the power of attorney form: GIFT RIDER:    To authorize the agent to make gifts, gift-giving authority must be initialed by the principal […]

New Rating System for Nursing Homes

A new five-star rating system ranks the quality of the nation’s 15,800 nursing homes that participate in Medicare or Medicaid. It is based on state and federal health inspection surveys, quality-of-care data, and staffing information. A five-star ranking indicates that a nursing home is performing well above average and one star means it ranks well […]

Nursing Home Residents’ Rights

Nursing home residents have rights and protections under the law in New York state. Nursing homes must list and give all new residents a copy of these rights. Some of these rights include: The right to be treated with dignity and respect. The right to be informed in writing about services and fees before you […]

New Long Term Care Insurance Disclosure Law In NY

Many purchasers of long term care insurance are unaware of how the coverage compares to the actual cost of skilled nursing, rehabilitation, or custodial care. A new disclosure law goes into effect on January 1, 2009. Prior to or at the sale of New York long term care insurance, the insured must be informed of: […]

What Happens In The Buffalo Area If You Refuse The Breathalyzer Test?

If you were arrested for drunk driving in New York and refused a chemical test for BAC (Blood Alcohol Content), you could lose your license and be subject to civil penalties. Your license will be suspended at arraignment in court, and revoked for at least one year (18 months for a commercial driver) at a […]

Falsely Reporting Child Abuse Criminalized In New York

Child abuse and maltreatment investigative and prevention resources are severely limited. Preventing the waste of such resources is necessary to ensure that the greatest number of children at risk receive the protection they need. A New York State law, effective February 1, 2009, expands the provisions of falsely reporting an incident in the third degree […]