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Civil Practice Law & Rules Rule.

As it appears from the text of the defendant’s reply (page 1), the defendant is aware of the following provisions of CRLR 2221 (d): “a motion for leave to reargue: shall be made within thirty days after service of a copy of the order determining the prior motion and written notice of its entry. This rule shall not apply to motions to reargue a decision made by the appellate division or the court of appeals”. The notice of entry wasn’t given to him.

He is also aware of the following provisions of CRLR (e): “motion for leave to renew shall be based upon new facts not offered on the prior motion that would change the prior determination or shall demonstrate that there has been a change in the law that would change the prior determination”. Accordingly, I accrued the right to renew as late as on the 19th of April after the decision of the Court of Appeal was announced.

A combined motion for leave to reargue and leave to renew shall identify separately and support separately each item of relief sought (CRLR 2221 (f).

When there has been a mistrial for any reason, such action must be restored to the appropriate ready calendar for a day certain to be fixed by the court (Section 212.14).

" Litigants are entitled, as a matter of law, to a fair trial" (Rodriguez v City of New York, 67 AD3d 884, 886; see DeCrescenzo v Gonzalez, 46 AD3d 607, 608).... Read More »

Illinois Degree in Russia, Opinion of Civil Record Office

Dear Karina Markovna,

The application of your client for registration of divorce based on the judgment of the Department of Family Cases of the Circuit Court of Cook County, Illinois, USA, has been considered.

Please be informed that according to Art. 25 of the Family Code of the Russian Federation a divorce is subject to state registration in accordance with the procedure established for state registration of acts of civil statuses.

Herewith, the applicable laws provide for special procedure for acknowledgment and enforcement of the documents issued by competent authorities of foreign states (including foreign divorce judgments) on the territory of the Russian Federation.

According to Art. 415 of the Code of Civil Procedures of the Russian Federation foreign judgments of termination or annulment of marriages between a citizen of the Russian Federation and a foreign national are recognized in the Russian Federation and do not require any further proceedings (i.e. registration by Civil Records Authorities) in case at least one of the spouses resided outside the Russian Federation at the time of the proceedings.

According to clause 3 of Art. 160 of the Family Code of the Russian Federation termination of a marriage between citizens of the Russian Federation and foreign nationals outside the Russian Federation is recognized in the Russian Federation in case such termination complies with the laws of the relevant foreign state that regulate the activities of the competent authorities that took the decision on termination of the marriage and other applicable laws.

According to Art. 13 of Federal Law № 143-ФЗ “On Vital Records” dated 11.15.1997 the documents issued by competent authorities of foreign states as a confirmation of civil statuses of citizens of the Russian Federation, foreign nationals and stateless persons under the laws of the relevant foreign states are accepted as valid in the Russian Federation subject to legalization un... Read More »

Divorce Degree

According of Art. 25 part 1 of Family Code of Russian Federation, the marriage is dissolved in court shall be terminated as from the date of the court decision coming into legal force. The Decision came info legal force on July 10, 2009. Read More »

Moscow Divorce in U.S.

In Will of Brown, 132 Misc. 2d 811, 505 N.Y.S.2d 334, 337 (Sur. Ct. 1986), the court described the concept of comity among nations:
It is well established in American law that, subject to possible obligations imposed by treaty between the United States and a foreign power, there is no constitutional obligation upon a state to recognize a judgment rendered by a court of another nation. But, with due regard to international duty and convenience, and the sense that respect is due to the judicial act of another sovereign, comity, that is, voluntary deference, is customarily accorded to the foreign decree to the extent that it is enforceable in the country which rendered it, provided that in the foreign tribunal there was a jurisdictional predicate in the procedural due process sense and that the public policy of the particular State is not thereby contravened. Should the decree fail to meet these criteria, it will not be recognized as such.

As the court wrote, so long as a foreign judgment did not violate a party's basic due process rights and the judgment comported with public policy, a foreign country's judgment should be recognized by states pursuant to the doctrine of comity among nations.

In determining whether to recognize a judgment of divorce of a foreign nation, courts in the United States consider several factors, such as domicile and notice. Read More »

Mississippi Divorce in Russia is valid without additional requirements, Initial opinion

In reply to your application dated June 01, 2010 for state registration of termination of the marriage between citizens of Lafayette County XXXXXXXXXXXXXXXXXXXXX and XXXXXXXXXXXXXXXXXXXX based on the judgment of Lafayette County Chancery Court, Mississippi, dated March 28, 2007 Vital Records Office of the Main Vital Records Department of Moscow Region does hereby advise you as follows.
In the course of considering of your application XXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region has sent a request to the Consulate of the United States of America in the Russian Federation with a view to find out whether the abovementioned judgment is final. Read More »