NY top court won't open nursing homes to lawyers
Lawyer Blogs
New York's top court is refusing to order nursing homes to give state lawyers access to hundreds of psychiatric patients so they can advocate for alternative treatments, living conditions or even release.
The Court of Appeals, divided 4-3, says the New York's Office of Mental Health decided not to license the nursing homes. Therefore lawyers for the Mental Hygiene Legal Service lack jurisdiction.
State mental institutions began discharging patients in 1996 to nursing homes for continued but lower-level care.
The MHLS was established to guard the rights of the mentally disabled in institutions. It sought access to all those patients. The nursing homes said no, citing privacy rights.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.