Author Archives: Friedman & Ranzenhofer

Abusers of NY Nursing Home Patients Prosecuted

The NY State Attorney General’s prosecution of patient abuse in nursing homes resulted in the following criminal sentences: Fairport, NY LPN slapped a 90-year-old wheelchair bound woman with dementia and then wheeled her into an activities room and barricaded the door so that she could not get out of the room. One-year conditional discharge with […]

New York Daughter Can’t Evict Father Who Has an Oral Life Estate

A daughter served her father with a 30-day notice terminating his tenancy in the second-floor apartment in her New York home. Four years earlier, the father had promised to assist his daughter and son-in-law to purchase the home. In return, she agreed that her father and late mother would be permitted to reside, for the […]

IRS Filing Relief Program For Preserving Tax-Exempt Status

Small New York nonprofit organizations which are at risk of losing their tax-exempt status because they failed to file required returns for 2007, 2008 and 2009 can preserve their status by filing returns by Oct. 15, 2010, under a one-time relief program. The IRS posted a special page listing the names and last-known addresses of […]

Interlock Systems Required For Drunk Drivers In The Buffalo Area

A key provision of the New York Child Passenger Protection Act, known as Leandra’s Law, which requires all individuals convicted of a felony or misdemeanor drunk driving charge to install ignition interlock systems in any vehicle they own or operate, took effect on August 15, 2010. New York State now has some of the toughest […]

New York Power of Attorney Law Revised

A new technical amendments law, effective September 12, 2010, corrects unintended problems created by New York’s Power of Attorney (POA) law that went into effect on September 1, 2009. The major changes are: Retroactive application of the technical changes to September 1, 2009. Execution of a new power of attorney will not automatically revoke an […]

What Are The Education Requirements For NY Guardians?

Each New York incapacitated person (IP) is entitled to an Article 81 guardian whom the court finds to be sufficiently capable of performing the duties and exercisingthe powers of a guardian necessary to protect the IP. Each person appointed by the New York court to be a Mental Hygiene Law Article 81 guardian must complete […]

New York Health Care Decisions Act

The New York Family Health Care Decisions Act (FHCDA) went into effect on June 1, 2010. The law allows   family members and friends to make health care decisions, including decisions about the withholding or withdrawal of life-sustaining treatment, on behalf of patients who lose their ability to make such decisions. It applies to patients who […]

New York Article 81 Guardianships

When an “Incapacitated Person” (IP) is no longer able to make certain decisions concerning the management of his or her property and/or health or well-being, the court can appoint a guardian to make these decisions for him or her. New York’s Guardianship Statute, Article 81 of the Mental Hygiene Law, ensures that the guardian’s authority […]

NY Landlord Awarded Rent Judgement

A black letter rule of New York law prohibits awarding the landlord a money judgment for unpaid rents unless the tenant was personally served with the eviction papers (notice of petition and petition). Service may be made in one of three ways: (1) personal service (directly on the tenant); (2) substituted service (directly on some […]

Compensatory And Punitive Damages For Housing Discrimination

Compensatory and punitive damages are an effective and highly publicized means of enforcing federal housing laws.Victims of housing discrimination can seek compensatory, as well as punitive damages. Compensatory damages consist of special and general damages.Special damages include actual out-of-pocket expenses or losses, including actual expenses such as moving and storage expenses and the losses that […]