Published on March 19, 2009 | by LawNews

Professors Theo Liebmann, Serge Martinez Argue Before Appellate Division’s 2nd Department

Theo Liebmann, Clinical Professor, Attorney-In-Charge of the Hofstra Child Advocacy Clinic and Director of the Clinical Programs, andSerge Martinez, Associate Clinical Professor of Law, recently argued before the Appellate Division’s Second Department in separate cases.

Professor Liebmann argued on behalf of a young child recently adopted by a same-sex couple. The putative paternal grandparents were seeking a court order granting visitation with the child even though their son had not established his paternity of the child. Professor Liebmann successfully argued that any decision about his client’s interactions with legal strangers should be made by his adoptive parents, not by a court. Click here for the decision.

Professor Martinez represented Suffolk County Legislator Ricardo Montano, arguing that the trial court correctly determined that the Suffolk County Legislature had improperly enacted legislation targeting immigrant workers in Suffolk County. The County Legislature has argued that its procedural rules are beyond the reach of the judiciary under the separation of powers doctrine. Professor Martinez argued that the County Legislature had violated State law when it passed the legislation, and therefore the Court was permitted to intervene. No determination has been made in this matter to date.

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