Legal Updates

July 18 (New F&F Decision):
In re Bianca B., - N.Y.S.2d -, 2012 N.Y. Slip Op. 05629 (2d Dept., July 18, 2012) (citing Matter of Proios, the Appellate Division reversed a guardianship order and held that the "Family Court improvidently exercised its discretion in granting the petition for guardianship," since the record did not show that child's best interests would be served) (Christie R. Jacobson, Esq., of counsel).

The Second Department reversed the Nassau County Family Court's decision to grant a guardianship petition, and dismissed the guardianship action brought by Carrie A. for guardianship of her granddaughter, Bianca B. Back on September 14, 2011, the Family Court had granted the petition assigning permanent guardianship to Carrie A., despite the intervenor Great Neck Union Free School District's opposition on the grounds that the petition was intended for the improper purpose of enrolling the child in the Great Neck School District. On appeal, and throughout this case, the District argued that guardianship should be denied because, inter alia, it was intended solely to promote the educational wishes of Carrie A., Bianca B. and her parents, to the District's detriment. See Matter of Diego F. [ Magno V.], 84 AD3d 1373; Matter of Proios, 111 Misc.2d 252, 253. In its decision, the Appellate Division held that "the Family Court improvidently exercised its discretion in granting the petition for guardianship." Id. The Appellate Division also found that "the record does not show that the subject child's best interests would be served by transferring guardianship from the child's parents to the petitioner, her grandmother." Id., (citing Matter of Diego F. [ Magno V.], 84 AD3d 1373; Matter of Proios, 111 Misc.2d 252, 253). Therefore, the Appellate Division reversed the guardianship order - both "on the facts and in the exercise of discretion," - denied the guardianship petition, and dismissed the entire guardianship proceeding.
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  • Friday, October 28, 2022
    1:45 p.m. - 3:00 p.m.
    2022 New York State School Boards Association Convention
    Cayuga Court, Lobby Level, Marriott

    Jack Feldman will be speaking at the New York State School Boards Association Convention in Syracuse, NY. The topic will be Special Education: The Basics and More and will cover Individuals with Disabilities Education Act; Section 504 of the Rehabilitation Act of 1973; the implementation of IDEA and Section 504; continuation of special education services through age 23 and more. Please visit for more information.

  • Friday, April 8, 2022
    10:00 a.m. – 3:30 p.m.
    2022 Annual School Law Conference
    Sponsored by the Education Law Committees of Suffolk and Nassau County Bar Associations
    As well as the Suffolk & Nassau Academies of Law

    Jacob S. Feldman, Esq., Frazer & Feldman, LLP
    Christie Jacobson, Esq., Frazer & Feldman, LLP
    Joseph Lilly, Esq., Frazer & Feldman, LLP
    Dennis O’Brien, Esq., Frazer & Feldman, LLP

    Topics will include: “Deal or No Deal” - Disciplinary Proceedings in Cyberspace; Special Education “Jeopardy!” – Navigating the Perils of Spe-cial Education Ethics One Question at Time; and “Let’s Make a Deal” – Negotiating in the Post Pandemic.

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    Freedom of Information Law (“FOIL”) Training Seminar

    Christie R. Jacobson held a client training seminar on the New York State Freedom of Information Law (“FOIL”) for all school board members, Superintendents of Schools, interested school administrators, Records Access Officers, FOIL Appeals Officers, and district clerks. For more information, please go to the Client Memoranda tab of our website for a recording of the seminar.

  • February 11, 2022
    On-Line Seminar
    9:00 a.m. to 4:30 p.m.
    IEP and 504 Plan Legal Workshop

    Jack Feldman will be presenting a seminar on the IEP Development Process: Handling Difficult Issues and Key Considerations for Implementing IEPs. The seminar will address IDEA evaluation report essentials; IEP Meetings; creating measurable IEP goals and progress requirements; who should receive a copy of IEPs and what form should it be; and what to do when IEPs aren’t working. For additional information, please visit

  • Wednesday, February 16, 2022
    Webinar: Social Media Ethics for School Attorneys
    When lawyers use social media, what ethical rules apply? And how?

    Time: Noon to 1:00 p.m.
    Price: $110 per person

    Christie R. Jacobson will co-present a seminar on the topic of school attorneys and their law firms are using social media platforms such as LinkedIn, YouTube, and Twitter to connect with both current and prospective clients. However, as with all other forms of attorney advertising, they must remain mindful of potentially serious ethical implications. For example, Rule 7.1 of the New York Rules of Professional Conduct governs attorney and law firm advertisements, including content published on the Internet and via social media. This webinar will review the rules governing social media ethics and their application to attorneys who practice education law. For more information and to register, please visit

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