Helaine S. Brick-Cabot

01/29/2024

A Hello 🔵 It’s official. Signed at 10:30. It was even on TV.
Mine really turned blue. Don't forget that tomorrow starts the new Facebook rule (aka... new name, META) where they can use your photos. Don't forget the deadline is today!!! I do not authorize Facebook or any entity associated with Facebook to use my photos, information, messages or posts, past or future.
With this statement, I notify Facebook that it is strictly prohibited to disclose, copy, distribute or take any other action against me based on this profile and/or its contents. Violation of privacy may be punishable by law.
Here's how to do it:
Hold your finger anywhere in this message and “copy” will appear. Click “copy”. Then go to your page, create a new post and place your finger anywhere in the empty field. “Paste” will appear and click Paste.
This will bypass the system….
He who does nothing consents.

(About to get off Facebook all together if I gotta do all this stuff)

02/19/2018

11/10/2016

06/30/2016

Helaine S. Brick-Cabot

03/20/2015

DIVORCE DEN

Your spouse cannot deliberately disqualify an attorney that you choose to hire in a divorce.

Although Tony Soprano tried to “conflict out” all the local divorce lawyers so that Carmella couldn’t divorce him, a recent ruling of the Monroe County Supreme Court made clear that in New York a party cannot deliberately meet with prospective counsel solely for that tactical purpose.

The rules governing attorney’s professional conduct prohibit a lawyer who possesses confidential information learned in a consultation with a prospective client from representing a party with adverse interests in the same or substantially related matter. NY Rules of Prof. Con. Rule 1.18(c). This scenario applies squarely to divorcing couples.

In Bernacki v. Bernacki (Sup. Ct. Monroe Co. 1/14/15) John Bernacki, an attorney (and local town justice), tried to have his wife’s attorney disqualified from representing her in the divorce action that he filed against her. In his weak attempt, Mr. Bernacki did not even claim that he met directly with his wife’s lawyer. Rather, he said he that he had “an intake interview of sorts” with a member of the firm’s support staff and did not offer any of the details of their conversation.

Mr. Bernacki’s case failed for two reasons; first, he lacked enough proof to show that he gave his wife’s attorney any secret or possibly damaging information. More importantly, Mr. Bernacki violated the “good faith” requirement when it was established that he deliberately communicated with various attorneys for the purpose of disqualification. The ethical rule is intended to protect family law litigants from this precise outcome, especially in smaller communities. As an attorney Mr. Bernacki should have known better. Now all our readers are aware that this bad faith behavior will not be tolerated.

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Law Offices of Helaine S. Brick-Cabot is a full service firm with offices in Tarrytown, Chappaqua and Manhattan. The firm specializes in divorce and family law, real estate & business and transactional law.

[email protected]|[email protected]
(914) 238-7501

03/20/2015

DIVORCE DEN

Do’s and Don’t’s for a Destination Wedding

In Ponorovskaya v. Stecklow New York Law Journal, May 29, 2014 (Sup. Ct., NY Co.), the Court addressed all of the important legal considerations involved in exchanging vows at an exotic
destination wedding. The purported bride and groom hosted 100 people for 10 days at Dreams Tulum Resort & Spa overlooking the Mayan ruins in Mexico. Not a vacation detail was overlooked by the couple whose guests “lounged on the beach, shared steak sandwiches and lunch tables, made memories that will last a lifetime.” As it turns out, when the “bride” filed for divorce in Manhattan three years later,the court determined that there was no valid marriage to dissolve.

The couple did not follow the local marriage laws of Tulum, Mexico where the ceremony was held. Nor did they follow the marriage laws of NYS where they reside. They did not bother to obtain a
New York State marriage license nor did they have a civil ceremony (or any ceremony) in New York State, the best way to go for New Yorker’s who travel to a destination wedding.

The “bride’s” argument that an arcane domestic relations law (DRL sec. 25) which permits a marriage, if properly solemnized, to be valid even without a marriage license, could not save the failed marriage (so it could be terminated). For one thing “properly solemnized” does not mean a “pseudo-Jewish” ceremony conducted by the “bride’s” cousin – an internet ordained Universal Life Church minister/dentist. There were no designated witnesses, no ketubah and no Rabbi. (Another court is currently examining the issue of the validity of internet ordained clergy since it is
all the rage these days).

The 1907 law was enacted when governmental regulation of marriages was new and there was a need to protect the sanctity of traditional religious marriages. There is no need for the law now and the court adamantly would not apply the law to a marriage outside of this state without more compelling circumstances. One such compelling circumstance would be the existence of children
of the marriage. Courts can be very crafty when the legitimacy of children is at stake.

In the end, the court held for the “groom” who argued that the Mexican wedding was purely symbolic and without any legal effect. The “bride’s” divorce action was dismissed. The “bride” had
no rights as a wife since the Court held she was never legally married.
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Law Offices of Helaine S. Brick-Cabot is a full service firm with offices in Tarrytown, Chappaqua and Manhattan. The firm specializes in divorce and family law, real estate & business and transactional law.

[email protected]|[email protected]
(914) 238-7501

03/20/2015

DIVORCE DEN
News from Nassau County

By Julie A. Weinstein and Helaine S. Brick-Cabot
MI. S. v. MA. S. New York Law Journal, Mar. 17, 2014
(Fam. Ct. Nassau Co.) (Index No. Redacted by Court)

After almost 16 years of marriage and two children, M.D.’s Mrs. gets a tough break. The court found that Mrs., who did not work for the last 13 years of the marriage, spent too much time shopping, lunching, tanning and visiting cosmetic surgeons and not enough time cooking, cleaning and caring for the children. Mrs.’ lavish lifestyle argument for lifetime maintenance failed. She won maintenance for a mere 5 years. The court ordered Mrs. to sell the marital home within 2 years and awarded her only 15% of
Mr.’s valuable medical practice and other business interests. At 44 years old and in good health, the Court expects Mrs. to reenter the working world to pick up her career where she left it 13 years ago.
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Law Offices of Helaine S. Brick-Cabot is a full service firm with offices in Tarrytown, Chappaqua and Manhattan. The firm specializes in divorce and family law, real estate & business and
transitional law.

[email protected]|[email protected]
(914) 238-7501

04/20/2012

Update from Law Offices of Helaine S. Brick-Cabot (ATTORNEY ADVERTISING) http://conta.cc/I7VcMU