Tag Archives: York

Lisa Beth Older, a New York City Divorce Lawyer, Offers Important Information on Divorce in New York City or Upstate New York

New York, NY (PRWEB) June 7, 2006

Life started out so great. It felt as though you were locked inside a great big bubble of happiness. You got married to the love of your life and proceeded to have three children. You are young. You were young. Your husband or wife has been taking care of all the bills. Three or four years go by and things are slowing changing. Your husband or wife is not home as much to help you with your household chores or with caravaning the children to their in sundry appointments and birthday parties. You feel isolated and alone. Suddenly you start to see things unraveling. You become unhappy, you start to feel unworthy. You worry because you have no idea what is happening to your life, a life which was once the envy of your single friends.

You wonder… is this the way things are supposed to turn out? Then the arguing begins, sometimes involving verbal abuse or even physical abuse. Sometimes, you just feel isolated and neglected. You have no one to talk to about your changing life. You have asked, but your spouse refuses to see a marital counselor or counsel from your church or synagogue. You can not turn to family, as they are still reminding you of how wonderful your spouse has been, what a wonderful provider he or she is. And then the day comes when your husband or wife tells you that they no longer love you or that they want a divorce or separation.

In New York State, the NYS divorce attorney hears a version of the above fact scenario day in and day out. The above stated fact scenario is more common than you might think. Yet each individual has their own set of circumstances, their own priorities, their own way of looking at things, and things are just not that simple.

You may turn to friends and family and everyone has a different view point on what to do. Stay? Go?

You turn to a therapist to sort out your feelings and invariably you come to terms with the fact that things are going to have to change. Change is a scary thing to confront. The ugly word starts being bantered about. Divorce. Now what.

The first thing you should do is start finding out how to protect the best interests of yourself and your children. If you or your children are being ill treated or abused there are places you can go and things that you can do immediately to stop the abuse.

Call 911. Call child protective services, there is a department in each and every county in New York State. Go to Family Court and get an Order of Protection. Call your family lawyer. Or seek immediate custody of the subject children. At all costs, protect the children from harms way.

And then start worrying about what you must do to begin preparing for divorce. Call a New York City divorce lawyer. If you are in nyc and seek a top nyc divorce lawyer then search the internet and call a few attorneys and find one you are comfortable with. If you are in a smaller town or county you can call your local Bar Association for a referral. But by all means get help. Do not stay in a situation of domestic violence. The NY Family Court has a wonderful history of providing a respite for those in fear of their lives.

And if you feel you just can not go it alone, do not be afraid to seek out professional help from a New York State lawyer. The more experienced ones will know just what to do to protect your legal rights in an efficient way and make you feel comfortable at the same time. Your secrets are safe with a ny divorce lawyer. If the above sounds familiar do not hesitate to act now. Hire a nyc divorce lawyer now.

If you are safe and out of harm’s way, then seek a New York Divorce Lawyer. If you are in New York City, then here is a partial list of some shelters you can go to until you have a chance to see a reputable New York Divorce lawyer or New York Family Law Lawyer.

NYC Women’s Shelter Intakes

Franklin, 1122 Franklin Avenue, Bronx

Jamaica Armory, 93-03 168th St., Jamaica, Queens

Brooklyn Women’s Shelter, 116 Williams Ave., Brooklyn

Resources Equinox Domestic Violence Services

95 Central Avenue

Albany, NY 12206

(518) 434-6135

Cornerstone Manor

45 Carlton Street

Buffalo, New York 14203

(716) 852-0761

Haven House

P.0. Box 451 Ellicott Station

Buffalo, New York 14205

(716) 884-6000

Nassau County Coalition Against Domestic Violence

250 Fulton Ave. Mezz. West

Hempstead, NY 11550

(516) 572-0700

The Salvation Army of the Syracuse Area

677 South Salina Street

Syracuse, NY 13202

(315) 475-1688

Vera House

P. O. Box 365

Syracuse, NY 14309

(315) 468-3260 – 24-hour Crisis

and Support Line

Women In Need

115 West 31st Street

New York, NY 10001

Yonkers MHA (YWCA)

87 South Broadway

Yonkers, NY 10701

(914) 963-2752

National Domestic Violence Hotline for referrals and support: 1-800-799-SAFE (7233) or TTY: 1-800-787-3224.

New York 24-Hour Domestic Violence Hotline: 1-800-942-6906 (English) or 1-800-942-6908 (Spanish).

By: Lisa Beth Older

web page: http://www.lawofficesoflisabetholder.com

Warning: The information contained herein is not intended to substitute for legal advice from your own retained lawyer in new york state. this article is merely informational in nature, and is based upon one attorney’s knowledge of the practice of family law, matrimonial law, domestic violence, custody, child support and orders of protection.

Retain counsel before you do anything to affect your marital status and follow the advice of the lawyer you retain, not what is written herein.

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Cyveillance Cyber Security Experts to Present at New York City Cyber Crime Conference

Arlington, VA (PRWEB) October 16, 2007

Cyber Intelligence Director Terry Gudaitis will be discussing the profile of online offenders, specifically the typology of persons who prey on children thru the Internet. Terry will be drawing upon her extensive educational and professional experience with law enforcement and cyber investigation issues to explain the unique attributes of Internet predators. She will highlight specific personality characteristics commonly found among Internet predators and also assist prosecutors in understanding the psychological evidence surrounding Internet predator personality attributes.

Cyveillance’s Chief Cyber Security Counsel Adam Palmer will discuss the prosecution of Internet crimes against children. Adam will be rebutting common defenses and will illustrate how to effectively utilize digital forensics evidence for successful prosecution. He will also use graphics and case anecdotes to explain effective strategies for team prosecution, provide best practices for presenting digital evidence, and outline an effective checklist for prosecutors to successfully prepare for trying Internet crimes.

Who:

Dr. Terry Gudaitis is a nationally-recognized authority on cyber security, cyber crime profiling and psychology. She has provided consultation and leadership in cyber crime to public and private industry including SAIC (Science Applications International Corporation) and NSEC (Network Security Corp.), federal intelligence agencies and bureaus, and law enforcement, focusing on domestic and international security issues. Dr. Gudaitis has served on the United States Secret Service Advisory Board for Insider Threat and trained investigators at the National Center for Missing and Exploited Children.

Adam Palmer provides legal counsel to Cyveillance on issues involving Internet governance, phishing remediation, malware detection, Internet financial fraud and brand protection. Prior to joining Cyveillance, Adam served as the Director of the Office of Legal Counsel for The National Center for Missing and Exploited Children (NCMEC). Adam has lectured extensively on prosecuting internet crimes against children to all levels of law enforcement. While a Navy JAG, Adam advised and lectured federal law enforcement agents on the investigation of crimes against children.

Where:

New Study Reveals Sources of Resilience and Strength for Black Girls in New York City Black Girls Face Hardships and Challenges

New York, NY (PRWEB) March 7, 2009

A new and unique report, Black Girls in New York City: Untold Strength and Resilience, was released by the Black Women for Black Girls Giving Circle (BWBG), a funding initiative of The Twenty-First Century Foundation, and the Institute for Women’s Policy Research (IWPR). The report, commissioned by BWBG from IWPR pairs analysis of original data collected through written surveys and focus groups with a review of existing literature to provide an in-depth examination into the lives of Black girls living within the city of New York.

“Through our work with Black girls as service providers, funders and technical assistance providers, it became clear to the founders of BWBG that there may be unique social factors impacting our girls,” said Stephanie Palmer, Executive Director, New York City Mission Society. “So we pooled our personal funds and joined forces with other like-minded women and organizations to conduct a study focusing on Black girls in New York City.”

The report finds that the impact of poverty is especially acute in the lives of Black girls. Approximately three-quarters of the girls in the study live in low-income communities and households.

“Like all Black children, Black girls are at increased risk of living a life of poverty. But poverty plays out in the lives of Black girls in very distinct ways,” remarked report author, Dr. Avis Jones-DeWeever, affiliate scholar of IWPR and Director of the Research, Public Policy and Information Center for African American Women at the National Council of Negro Women.

New York Medical Malpractice Lawyer Warns School Nurses to Beware of Legal Consequences for Vaccinating Students Without Parental Consent


New York, NY (PRWEB) November 23, 2009

The legal terms assault and battery pop up in city tabloids and cops and robbers TV programs all the time. But lately these familiar phrases could just as easily apply to the actions of some New York City elementary schools, and their school nurses, in the wake of the current swine flu pandemic sweeping the country, according to Richard Gurfein, a New York medical malpractice attorney and senior partner in the New York personal injury law firm of Gurfein Douglas, LLP.

Despite claims, Gurfein said, by city health officials stressing the safety of the H1N1 vaccine, and the rapidly growing spread of the disease in city schools (hospitalizations for H1N1 have tripled in New York State in the past three weeks) the law requires parental consent before a school is permitted to give the swine flu vaccine to a student.

According to recent media reports, school nurses mistakenly gave the swine flu vaccine to two students whose parents didnt sign up for it, including a Brooklyn girl with epilepsy who wound up in the hospital after getting the shot.

Any unlawful touching, Gurfein explained, or unauthorized administration of medical care not in an emergency situation is a battery, a legal term for an assault. A school district cannot unilaterally administer vaccinations without parental consent, in writing.

Gurfein explained that on the issue of liability, it wouldnt matter if the child got sick or not from the vaccination.

If there is a battery, Gurfein said (medicine given to a child without an emergency situation, or parental consent), by law the child is entitled to compensatory damages.

The measure of damages is another issue, he added. If there was no ill effect from the vaccination, the damages would be relatively small. If the child became ill, the amount of the damages would go up considerably. Sadly, if the child dies, that wrongful death case would have almost no value because of existing arcane laws in New York State that place little monetary value on the life of a child.

Gurfein said there are exceptions as to when schools are allowed to intervene. For example, in the event of an emergency, schools would be able to render medical care to the student since they are acting in loco parentis while a child is in their care.

But no court, he said, would ever accept the argument that vaccination without consent is an emergency, since the simple alternative is to refuse the child access to the school if parents dont comply with the schools wishes regarding vaccination.

Vaccinating a child without parental consent, Gurfein explained, is a tort that has a one-year statute of limitations. But because the school is part of the City, a parent only has 90 days from the time of the battery to file a Notice of Claim. He said, ninety days does not mean three months. It means ninety days.

Since a battery falls under the category of an intentional tort, Gurfein explained, it also cannot be insured against by the school, or the school nurse. In these situations, the nurse who gave the child the shot, and the school district as her employer assuming the nurse was acting within the course and scope of his or her employment would have to pay any judgment.

Gurfein advises parents to remember that municipalities and their school districts are heavily protected against lawsuits. He instructs parents of children who have been victims of a battery to contact a New York personal injury lawyer who is familiar with both negligence and medical malpractice claims.

Since a school, Gurfein said, is a department, or arm, of a municipality, a lawsuit must be commenced within a year and ninety days from the time of the battery, after having filed a timely Notice of Claim.

Such a lawsuit, he added, typically takes longer to pursue than an average auto case because the City of New York has so many lawsuits it just doesnt have the manpower to process all of them. As with any other personal injury claim, the damages would be determined by a jury. All costs to litigate the case are advanced by the lawyer, not the client. The lawyer only gets those costs reimbursed, and compensated for his, or her, services, if he or she wins the case.

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New York Nursing Home Faces Punitive Damages for Elder Abuse – Attorney Paul Dansker Addresses Nursing Home Patients Rights

New York (PRWEB) January 20, 2010

The New York Post recently reported that in December 2009, a Brooklyn nursing home was found guilty of negligence in the case of a patient who developed numerous bedsores while under the homes care. The jury awarded the patients family close to $ 4 million for pain and suffering, plus an additional $ 15 million as punishment for trying to cover up the poor patient care. This case is the first to charge a nursing home with punitive damages.

Sadly, this example of nursing home neglect is not the only one. Elder abuse is prevalent in nursing homes around the country, and with serious consequences for patients. Older adults who are victims of elder abuse are more than twice as likely to die prematurely as are adults who are treated properly, according to a study published in the August 5, 2009 issue of the Journal of the American Medical Association.

The National Center on Elder Abuse defines institutional elder abuse as any of several forms of maltreatment of an older person by someone who has a special relationship with the elder (a spouse, a sibling, a child, a friend, or a caregiver) that occur in residential facilities for older persons, including nursing homes. Its website, http://www.ncea.aoa.gov, explains that perpetrators of institutional abuse usually are persons who have a legal or contractual obligation to provide elder victims with care and protection (e.g., paid caregivers, staff, professionals).

Looking exclusively at falls, the Centers for Disease Control and Prevention noted that an average nursing home with 100 beds reports 100 to 200 falls each year, representing up to 75 percent of residents. Many falls were caused by environmental hazards like wet floors, poor lighting, incorrect bed height and improper wheelchair use.

A November 2009 report from the University of California, San Francisco, stated that 26 percent of the nations nursing facilities were cited in 2008 for poor quality of care, 44 percent of nursing homes failed to ensure a safe environment for residents, 36 percent had food sanitation regulations violations and 33 percent of facilities received deficiencies for failure to meet quality standards.

Paul Dansker, Esq., is a New York City-based personal injury attorney who has represented families of elder abuse victims. Mistreatment can take many different forms, including physical, emotional, psychological or sexual abuse; neglect; withholding food and water; or denying visits from family and friends. Many older adults and their families may not even be aware that laws exist to prevent this type of harm, Dansker said.

Family members and friends of nursing home residents must be vigilant in looking for signs of possible abuse or neglect, advised Dansker. These can include personality changes, depression, anxiety, unexplained or unusual bruises and injuries, rapid weight loss, poor grooming, and potentially unsafe conditions.

Dansker recommends that families of individuals in nursing homes keep a personal record of possible mistreatment, including specifics on dates, times, and caretakers in charge.

Careful documentation of possible neglect or abuse will be necessary in the event that a family member decides to file a complaint or lawsuit, he said. Dansker also added that a family should seek out the assistance from local and state adult protective services or long-term care agencies who can advise on appropriate steps to take.

For state-specific elder abuse prevention information and resources, visit http://www.ncea.aoa.gov/NCEAroot/Main_Site/Find_Help/State_Resources.aspx.

Dansker & Aspromonte Associates is located at 30 Vesey Street, 16th Floor, New York, NY 10007. For more information, call (212) 732-2929 or visit http://www.dandalaw.com.

About Dansker & Aspromonte Associates: Dansker & Aspromonte Associates is a New York personal injury law firm specializing in serious brain injuries; medical malpractice, motor vehicle accidents, falls, construction accidents, municipal liability, injuries to children and more. The firm has represented thousands of clients and obtained hundreds of millions of dollars for them over the last 30 years.

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New York Bankruptcy Lawyer Triumphs Over Shoddy Mortgage Lender Practices


New York, NY (PRWEB) March 4, 2010

New York homeowners filing for bankruptcy are breathing a sigh of relief, knowing that the courts are on their side. In a scathing opinion issued recently by US. Bankruptcy Court Judge Martin Glenn, JPMorgan Chase Bank was effectively denied payment of their entire alleged mortgage claim because they refused to prove their ownership of the loan. The case is In re Minbatiwalla, Chapter 13 Case No. 09-15693 (MG) (Bankr.S.D.N.Y. 2009).

Kerman J. Minbatiwalla, a Manhattan homeowner, filed for Chapter 13 bankruptcy to repay his debts over time and save his East Side condominium. Though he was current on his mortgage at the time his case was filed, Minbatiwalla is the poster child for a system gone horrible wrong at the hands of shoddy recordkeeping at his mortgage company.

Minbatiwalla had two mortgages with various JPMorgan Chase entities. On filing of his bankruptcy, Chase Home Finance, LLC filed papers with the court on behalf of U.S. Bank as well as an unknown mortgage trust asking for payment of pre-bankruptcy arrears; a second claim was filed by JP Morgan Chase Bank N.A. also demanding payment of arrears.

Minbatiwallas attorney, Manhattan bankruptcy lawyer David B. Shaev, looked on both documents with suspicion. My client wants to pay his mortgage, but now he doesn’t know who is the rightful recipient of the money. There was nothing but a summary attached, with nothing to indicate which party was which, or to whom the monies should be paid, Shaev said. A string of mortgage trusts and servicers only confused the situation, and we needed to be sure that the property parties would be paid.

Though Shaev demanding more information on the transfer of the loans and the relationships of the parties, he was met with no response. Undeterred, he demanded that the claims for payment be denied in full.

Bankruptcy Court Judge Martin Glenn, in a 26-page written opinion, found that Chases failure to attach documentation and respond to the Shaevs information requests is fatal to their claims for payment. Here it is not clear whether the claim was assigned to Chase, or whether Chase was the original party on the mortgage and the note, Glenn wrote. [T]he Debtor requested additional information from the claimant in October and has received no documents.

A copy of the full opinion is available from the Court’s website here.

This is not the first time Shaev has seen mortgage servicer abuses in the bankruptcy courts. He has recently fought and won in cases against a variety of lenders who have refused to treat bankruptcy debtors with the fairness the law demands.

The homeowner won the battle today, Shaev said on hearing of the decision. But with so much mortgage servicer abuse in bankruptcy, the war wages on.

David B. Shaev is a New York bankruptcy lawyer and partner at Shaev & Fleischman, LLP where he concentrates his practice in the field of protecting consumers in bankruptcy. To find out more, please visit Shaev & Fleischman, LLP. Members of the press may also see past coverage of David here.

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New York Times Bestselling Author Dana Canedy Kicks Off 31 Days of Glory in Fayetteville/Cumberland County on May 1

Fayetteville, NC (PRWEB) March 24, 2010

The series of events opens with A Journal for Jordan author Ms. Canedy giving a motivational speech, signing copies of the book, and visiting and connecting with civilians and soldiers and their families at two locations, Fascinate-U Childrens Museum and Fort Braggs North Post PX. The book is filled with life lessons that Canedys husband, Army First Sergeant Charles Monroe King, wanted to instill in his son in the event he did not return from war. The Pulitzer-Prize winning editor will share her heart-wrenching story with those who truly understand what its like to lose a loved one.

31 Days of Glory will honor children of fallen soldiers at the Airborne and Special Operations Museum (ASOM) during a special ceremony where Mayor Anthony Chavonne will present each child with a special coin recognizing them for their courage. Also during the event, winners of the museums month-long exhibit, Celebrating & Honoring Military Heroes, will be announced. The display features art from children of military families in Cumberland County Schools.

Our community is committed to watching over those who watch over us and 31 Days of Glory is just another way for us to honor and recognize the military for bravely protecting our everyday freedoms, says John Meroski, president and CEO of the Fayetteville Area Convention and Visitors Bureau.

With various patriotic and military attractions and events taking place throughout the month, 31 Days of Glory offers lively and fun activities for all ages. Please visit http://www.31daysofglory.com for a listing of all events, such as:

SRIS Law Group Open Law Offices in New York City, New York, Charlotte, North Carolina & Orange County, California


Fairfax, VA (PRWEB) May 11, 2010

SRIS Law Group opens law offices in New York City, New York, Charlotte, North Carolina & Orange County, California. Attorneys will handle Criminal Law, Family Law, Immigration, Military Law and Traffic Law matters.

The SRIS Law Group represents clients before the State and Federal Courts

The SRIS Law Group, P.C. law firm is a unique legal entity in legal business and customer service with offices in Virginia, North Carolina, New York, Maryland, California & Massachusetts.

The SRIS Law Group attorneys are devoted to the highest standards of legal skill and client service, selected with high standards in mind.

The Law Offices of SRIS, P.C. primarily handle cases in Criminal Law, Family Law, Immigration, Military Law and Traffic Law.

The SRIS Law Group criminal defense attorneys assist client with both simple misdemeanor charges as well as complex felony crimes. Simple misdemeanor offenses include charges such as possession of marijuana, assault & battery, indecent exposure, etc. Also, the criminal defense lawyers of the SRIS Law Group defend clients against serious sex crimes such as possession of child pornography, robbery, rape, burglary, etc.

Divorce & other family law issues can be very emotional for clients. The SRIS Law Group family law attorneys guide family law clients through such difficult family law issues as divorce, child visitation, child support, prenuptial agreements, adoptions, property settlement agreements, protective orders and child custody disputes.

Traffic violations can cause a client to lose their privilege to drive. The SRIS Law Group traffic attorneys defend clients against DUI charges, driving on suspended license, speeding tickets, aggressive driving, reckless driving and other traffic violations.

Immigration law is a very complex area of law that needs an immigration lawyer who can guide a client through its maze of laws. The SRIS Law Group immigration attorneys help clients with family visas, temporary visas, writs of mandamus, writs of coram nobis, etc.

The SRIS Law Group military lawyers are proud of the representation they provide the men and women who serve in the military. The SRIS Law Group military law attorneys help military personnel with military law issues such as UCMJ violations larceny, drug violations, fraternization, AWOL, military separation board hearings, etc.

SRIS, P.C. was founded in 1997 and has grown to include offices in fourteen cities spanning six states and abroad.

What is SRIS, P.C.?

The SRIS Law Group, P.C., is a national law firm that primarily handles criminal, traffic & family law cases. The law firm serves clients with legal matters in six states. Each of the SRIS Law Group attorneys focuses primarily on one area of law, which ensures that the clients are provided with top notch, in-depth knowledge and experience dealing with whatever legal problems they may have.

In addition, the SRIS Law Group lawyers are able to practice law without having to worry about bringing in clients the lawyers focus strictly on doing the best they can in every case. The law firms unique structure also allows the firm to regulate how many cases each attorney takes on at a time, so the attorneys never have so much work that they cant provide excellent customer service to every client, every time.

Expect a High Standard of Legal Service from the SRIS Law Group Skilled Attorneys

At the SRIS Law Group, P.C., the attorneys are chosen carefully, with the clients best interest in mind. The lawyers devote themselves to a high level of client service and the clients important legal matters will be handled by the attorney every time never handed off to an assistant or paralegal. As a rule, the attorneys make a sincere effort to respond to all phone calls within 8 hours, maximum.

To set up an initial consultation with one of the attorneys for legal help in any of the above practice areas, contact the SRIS Law Group, P.C. by e-mail or by phone.

The SRIS Law Group attorneys and staff in Virginia, New York, North Carolina, California, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

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Breaking News: New York divorce Attorney Lisa Beth Older discusses Federal Court’s July 8, 2010 ruling on Gay marriage


New York, NY (PRWEB) July 12, 2010

New York City divorce, custody and appellate lawyer Lisa Beth Older, Esq. appeared on Fox Five News on July 9, 2010 to provide legal analysis for a television segment on the latest Court ruling on Gay Marriage, commenting on the Federal Ban against gay marriage and the Judge who called the ban unconstitutional.

On July 8, 2010 the United States District Court Judge Joseph Tauro, appointed to the Court by Richard Nixon, struck down DOMA, or the Defense of Marriage Act, as unconstitutional as applied to Massachusetts. ( Mass.v. US Dept of Health, et al., Civil Action No. 1:09-11156-JLT). DOMA was struck down because the law failed to provide equal protection of the law for gay and lesbian couples and because it impinged upon a States’ right to define marriage, stripped the States of the right to legislate under the 10th amendment to the constitution, and disallowed the State from equally distributing federal funds amongst its citizenship, thus invoking invidious discrimination against its citizens.

The Federal Ban against gay marriage codified as the “Defense of Marriage Act” or referred to as “DOMA”, was enacted by the Clinton Administration in 1996.

The act of the Federal District Court in striking down DOMA lends strong support to gay and lesbian couples in their legitimate quest to have equal rights, and to also have equal access to New York Courts for the purpose of seeking relief as to their children in disputes involving custody visitation, child support and divorce rights attendant to same sex marriages performed in alternate States.

“Under the current law known as DOMA, the federal government does not recognize same sex unions” says New York City divorce lawyer Lisa Beth Older, Esq. “DOMA narrowly defines marriage, and derivative parentage rights, as a union between a man and a woman.” DOMA states that parties to a same sex unions shall not be allowed to take advantage of federal benefits and protections given to and enjoyed by heterosexual couples. Examples of the kind of benefits prohibited to gay and lesbian couples are the benefits derived from any Federal program, such as being allowed to sign of joint tax returns, being allowed to receive health insurance benefits, having federal burial rights for surviving spouses of a deceased gay and lesbian service man or service woman, and other such federal benefits stemming from federal employment. While DOMA does not expressly preclude States from passing their own laws affirming gay and lesbian marriage, DOMA does expressly allow a State to not recognize a same sex marriages performed in alternate State that has in fact legalized gay and lesbian marriage. The legitimacy of DOMA affects all gay and lesbian couples in Iowa, Connecticut, Massachusetts, New Hampshire and Vermont, along with the District of Columbia.

The lawsuit against the legitimacy of DOMA was filed by the Gay and Lesbian Advocates and Defense group, and a second companion case was filed by the Commonwealth of Massachusetts in the Federal District Court.

The Obama Administration is likely to appeal the law to the United States Circuit even though he campaigned for president in favor of repealing DOMA. Obama will need to make a tough decision soon.

Proponents of the law say that the Justice Department is bound to enforce and defend laws of the land.

Presently there are five States that recognize gay and lesbian marriage, those being New Hampshire, Vermont, Connecticut, Massachusetts, Iowa , as well as the District of Columbia. This ruling will likely have gay and lesbian couples rallying for similar law suits against DOMA in their respective States.

Thus, if Obama decides to appeal the ruling to the United States Circuit Court, and if the higher Court agrees with Judge Tauro’s ruling then, and if the Justice Department appeals that holding as well the case will likely go all the way to the United States Supreme Court. If DOMA is found unconstitutional. there, then DOMA will no longer be the law of the land. If the opposite result appertains, and DOMA withstands the legal challenge, then DOMA still prevails and the ban against gay and lesbian marriage will be stronger than ever. This is a frightening prospect for gay and lesbian couples across the board who deserve equal protection under the law.

Gay and lesbian Marriage has been recognized in Massachusetts since 2004. Now that a Federal Judge has struck down DOMA, gay and lesbian spouses or couples of same sex unions will now be allowed to apply for federal benefits, this only after the automatic fifteen (15) day automatic Stay lapses and absent any newer stays by the Circuit Court. This ruling will open the flood gates for legal action by gay and lesbian citizens of States that have legalized same sex marriage.

Lisa Beth Older, Esq. opines that the Federal ruling will also likely affect gay and lesbian custody rights. Where there is marriage, there is divorce. As such, it will be interesting to see what effect if any the ruling of the Federal Court striking down the Defense of Marriage Act will have on New York Family Court cases.

The Federal Court ruling will have an impact on gay and lesbian disputes in New York. “The New York Court of Appeals is charged with dealing with problems of law stemming from paternity, child support, custody and divorce” says New York appellate and divorce lawyer Lisa Beth Older. At present, New York does not recognize gay and lesbian marriage and divorce and in many instances limits standing of gay couples to sue in family court. However, in a recent series of cases coming down from the New York Court of Appeal in May 2010 the New York’s highest Court has begun to seriously grabble with the problem of how to deal with children of gay and lesbian marriages or gay and lesbian unions in custody and support cases.

Prior to May 4, 2010, if a child of a New York same sex couple was conceived through artificial insemination, and if the subject child of that union was not adopted by both gay and lesbian parents in New York, then the non-adoptive, non- biological parent had no standing to sue for custody and visitation, and the biological parent had no responsibility to provide child support for the child. Now, the law as to child support and gay couples has changed dramatically. As of May 4, 2010 the Court of Appeals, in the Matter of H.M. v. E.T held that a same sex partner may sue a non-biological partner for child support, regardless of the lack of adoption or biological ties. This holding broke new ground for Gay and lesbian rights by expanding the notion of parentage beyond the borders of heterosexual couples with an emphasis on the child’s attachments and on the “best interest of the children.” There, the Court of Appeals recognized the right of a gay and lesbian woman to sue for child support in Family Court as against a same sex parent. This ruling has large consequences as it gives the State Courts power to define who is a parent for purposes of child support.

As to the rights of gay and lesbian couples to sue for custody, the New York Court of Appeals is not as liberal. The holding in the Matter of Alison D. v. Virginia M. (77 N.Y.2d 651, 1991) stated that New York parenthood requires that there be a biological or adoptive relationship between parent and child before custody may be asserted. However, the Court of Appeals in May 2010 diverted from this position, at least in part. While reviewing a New York lower court holding on a visitation case involving a same sex marriage of Vermont, the case of Debra H. v. Janice R (Court of Appeals May 4, 2010, NY slip opinion 0375), the Court held that New York must now recognize Debra H.’s parental status under the law of Vermont.

Lisa Beth Older states that “the case of Debra R. is just start. More must be done by the legislature and the Courts in interpreting these laws of access to Family Court through the prism of the United Stated Constitution.” Holding on to the last vestiges of Matter of Allison, supra, the Court held that while New York still does not recognize a gay and lesbian parent’s right to sue for custody of their child absent an adoptive or biological relationship to the child, if the child is born of a legally recognized same sex marriage in another State where same sex marriage is legal, that parent may indeed sue for custody. This may be a step in the right direction.

Accordingly Judge Taro’s federal ruling banning the Federal government from legislating unequally between gay and lesbian and heterosexual couples, by giving rights to heterosexuals without giving equal rights to gay and lesbian couples bears on New York State’s power to overrule and strike down any State law that unconstitutionally fails to provide equal access to the Courts, equality, due process of law, and justice to all of its citizens. The Federal holding will serve as a platform to empower New York State Courts to start providing all couples, gay and lesbian alike, equal access and standing to utilize the Courts for purposes of suing for custody, visitation and child support. This ruling would allow brave Courts throughout this country to challenge State laws that discriminate against one set of parents while allowing other parents to have access to the court system to secure their rights of access to gay and lesbian parents.

The Federal District Court holding, while only relevant to Massachusetts, supports the notion that State and Federal governments may not pass and enforcing laws that discriminate against some of its citizens, while providing government benefits to other groups of citizens. By way of deduction, this holding would support the fact that both Federal as well as State governments should not pass and enforce laws that deny equal access to the Courts. Under the Constitutional provisions of equal protection of the law, all citizens, whether they be gay, lesbian or heterosexual must be afforded equal and identical benefits of due process of law through access to our State Courts for the purpose of disputing custody and visitation claims. Derivatively all children would benefit from a proactive Court whose aim is to protect innocent children, whether they be the product of gay or heterosexual couples.

Dr. Marie-Ange D. Tardieu and the Body Image Institute of New York (BIINY) Celebrate National Childhood Obesity Awareness Month (NCOAM)


Larchmont, NY (PRWEB) September 13, 2010

Today, the Body Image Institute of New York (BIINY) announced its support for National Childhood Obesity Awareness Month. Throughout the month of September, The Body Image Institute will hold seminars and workshops to raise awareness about the obesity epidemic in an effort to help improve the health of American children.

Childhood obesity has been a growing problem over the past four decades. Currently one out of every three (31.8%) children living on American soil, ages 2 to 19, is overweight or obese; a statistic that health and medical experts consider an epidemic.

Being overweight or obese is unhealthy at any age. Obese children are at risk for a number of emotional, physical, life-threatening, and psychological problems. They are often teased by their peers, and harassed or discriminated against by their own family and friends. These children may grow into individuals with low self esteem, which predisposes them to depression.

The life-threatening consequences of this epidemic create a compelling and critical call for action. Obesity is estimated to cause 112,000 deaths per year in the United States, and one third of all children born in the year 2000 are expected to develop diabetes during their lifetime. Experts predict that the current generation may be on track to have a shorter lifespan than their parents.

Childhood obesity as a condition also places those affected at greater risk of developing heart disease and cancer. It can also lead to other conditions such as osteo-arthritis, sleep disorders, high cholesterol and other disorders that may include liver disease, early puberty or menarche, eating disorders such as anorexia and bulimia, skin infections, asthma and other respiratory problems. Studies have shown that overweight children are more likely to become overweight adults. Obesity during adolescence has been found to increase mortality rates during adulthood.

While obesity afflicts children across the US, certain groups have been disproportionately affected. For instance the Bronx is ground zero for childhood obesity in America. Almost half (47%) of Head Start participants in the South Bronx are either obese (31%) or overweight (16%). Nearly 4 in 10 (39%) kindergartners and 5th graders attending public schools there are either obese (24%) or overweight (15%). A similar proportion (38%) of high school students reports heights and weights that indicate obesity or overweight; 17% are obese, and 21% are overweight. Among adult residents, 2 in 3 (66%) report heights and weights indicating they are obese or overweight.

It is undisputed that the Bronx, as a city, has the largest number of obese infants in the US. Obesity rates are also highest among non-Hispanic black girls and Hispanic boys. Obesity is particularly common among American Indian/Native Alaskan children. In addition, obesity can be influenced by a number of environmental and behavioral factors, including unhealthy eating habits and a sedentary lifestyle at home and at school.

According to Marie-Ange D. Tardieu, M.D., medical director of the Body Image Institute of New York and author of The Elements of Size: Issues in Body Image, Obesity, Overweight, Eating and the Mediterranean Diet, prevention of obesity must begin early and continue throughout life with particular attention directed to three critical periods in a childs development: before birth, between the ages of 4 and 7, and during puberty.

Dr. Nereida Correa, who has served as a member of the National Advisory Council for Maternal, Infant and Fetal Nutrition, is on the Advisory Council of Women’s Health of the Health and Human Services (HHS) Administration in Washington DC, and is the president and CEO of Eastchester Medical Associates concurs: advice about diet and exercise should be dispensed throughout childhood obesity prevention should start when the child is in its mothers womb before delivery, breast feeding should be encouraged because it helps prevent obesity in infancy and offers a protective factor against obesity in later childhood. (A 60 percent increase in obesity has been observed in children who were not breastfed.)

Stephanie C. Tardieu, who reviewed the effects of consuming sweets in early life noted: 70 percent American infants receive sweets by the age of 15 months, and by the age of 2, 43 percent of American toddlers are given soft drinks daily. (One can of a non-diet soft drink contain 150 calories, the equivalent of 10 spoons of sugar.) Miss Tardieu further remarked: As responsible adults, we can all join forces and take steps to turn the epidemic of childhood obesity around, and guide our communities to healthy eating and lifestyle habits.

About THE BODY IMAGE INSTITUTE OF NEW YORK:

THE BODY IMAGE INSTITUTE OF NEW YORK is a Body Image Clinic and consulting firm serving communities throughout the New York tri-state area. Dr. Marie-Ange D. Tardieu, a plastic surgeon, body image and obesity expert, is the institutes medical director. For the past 10 years, through seminars and workshops in schools, colleges, outpatient clinics and hospitals, the institute has worked in collaboration with corporations, schools, universities and hospitals in an effort to raise awareness about the obesity crisis and curtail the trend of overweight and obesity in schools and the workplace.

To call attention to the nation’s obesity epidemic, earlier this year, Congress designated September 2010 as the first National Childhood Obesity Awareness Month. Childhood Obesity Awareness Month kicked off on September 1st, and will be celebrated throughout September 2010. The theme for the National Childhood Obesity Awareness Month is “Let us all take steps to promote healthy eating and living to solve the problem of CHILDHOOD OBESITY within a generation.” The month of September from now on will be a month where families across America are urged to take their children to visit their doctor and to focus on helping those children to establish lifelong healthy habits by eating balanced meals and snacks and participating regularly in physical activity.

To honor the month in New York, The Body Image Institute of New York will conduct Workshops on Body Image, Proper Nutrition and Physical Activity at the institute locations (Eastchester Medical Associates) in the Bronx, and Westchester. Everyone attending these workshops will be provided a copy of The Elements of Size, Dr. Tardieus new book that outlines protocols for healthy eating and living. To register or learn about these or future workshops and seminars, please call Eastchester Medical Associates (EMA) 718-708-5650 (Bronx), or via E-mail mimi_tardieu@yahoo.com

For information about National Childhood Obesity Awareness Month in other states, please visit LetsMove.gov

About the Elements of Size: Issues in Body Image, Obesity, Overweight, Eating, and the Mediterranean Diet

The Elements of Size is a book that analyzes all the elements contributing to the obesity epidemic. The book shows why most weight loss protocols fail and guide you to the road of prevention and cure.

The Body Image Institute of New York

P.O. Box 2030

Larchmont, NY 10538

mimi_tardieu(at)yahoo(dot)com

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