should consider factors in New York

2025"Many factors are weighed in deciding whether a special employment relationship exists, and generally no one is decisive" ( Thompson v Grumman Aerospace Corp. , 78 NY2d at 558). "'In determining whether a special employment relationship exists, a court should consider factors such as the right to control the employee's work, the method of payment, the furnishing of equipment, and the right to discharge'" ( James v Highland Rehabilitation & Nursing Ctr. , 222 AD3d 736, 737, quoting Wilson v A.H.

2025"Many factors are weighed in deciding whether a special employment relationship exists, and generally no one is decisive" ( Thompson v Grumman Aerospace Corp. , 78 NY2d at 558). "'In determining whether a special employment relationship exists, a court should consider factors such as the right to control the employee's work, the method of payment, the furnishing of equipment, and the right to discharge'" ( James v Highland Rehabilitation & Nursing Ctr. , 222 AD3d 736, 737, quoting Wilson v A.H.

2024As to the substantive portion of the application, "[i]n determining a reasonable attorney's fee, the court should consider factors such as time and labor, difficulty of the questions involved, [*8]the amount involved, counsel's experience, ability, and reputation, and the customary fee charged for such services" ( In re Cincotta , 139 AD3d 1058, 1059 [2d Dept 2016], citing In re Potts' Estate , 213 App Div 59, 62 [4th Dept], aff'd 241 NY 593 [1925]).

2024As to the substantive portion of the application, "[i]n determining a reasonable attorney's fee, the court should consider factors such as time and labor, difficulty of the questions involved, [*8]the amount involved, counsel's experience, ability, and reputation, and the customary fee charged for such services" ( In re Cincotta , 139 AD3d 1058, 1059 [2d Dept 2016], citing In re Potts' Estate , 213 App Div 59, 62 [4th Dept], aff'd 241 NY 593 [1925]).

2024In determining a reasonable attorney's fee, the court should consider factors such as time and labor; difficulty of the questions involved, the amount involved; counsel's experience, ability, and reputation; the contingency or certainty of compensation; and the customary fee charged for such services (see Matter of Freeman, 34 NY2d 1, 9 [1974]; JK Two LLC v Garber, 171 AD3d 496 ,496 [1st Dept 2019] [affirming the lower court's use of the appropriate factors in determining attorneys fees]; Matter ofCincotta, 139 AD3d 1058, 1059-60 [2d Dept 2016] [finding the referee properly determined attorney

2018"In determining a reasonable attorney's fee, the court should consider factors such as time and labor, difficulty of the questions involved, the amount involved, counsel's experience, ability, and reputation, and the customary fee charged for such services" ( Matter of Cincotta , 139 AD3d 1058, 1059 ; see Matter of Freeman , 34 NY2d 1, 9 ; Matter of Kinzler , 195 AD2d 464 ).

2014In determining whether a special employment relationship exists, a court should consider factors such as the right to control the employee’s work, the method of payment, the furnishing of equipment, and the right to discharge (see Digirolomo v Goldstein, 96 AD3d 992, 993-994 [2012]; Persad v Abreu, 84 AD3d 1046, 1047 [2011]; Dulak v Heier, 77 AD3d 787, 787-788 [2010]).

2013In determining whether a special employment relationship exists, a court should consider factors such as the right to control the employee’s work, the method of payment, the furnishing of equipment, and the right to discharge (see Digirolomo v Goldstein, 96 AD3d 992, 993-994 [2012]; Persad v Abreu, 84 AD3d 1046, 1047 [2011]; Dulak v Heier, 77 AD3d 787, 787-788 [2010]).

2014In determining whether a special employment relationship exists, a court should consider factors such as the right to control the employee’s work, the method of payment, the furnishing of equipment, and the right to discharge (see Digirolomo v Goldstein, 96 AD3d 992, 993-994 [2012]; Persad v Abreu, 84 AD3d 1046, 1047 [2011]; Dulak v Heier, 77 AD3d 787, 787-788 [2010]).

2013In determining whether a special employment relationship exists, a court should consider factors such as the right to control the employee’s work, the method of payment, the furnishing of equipment, and the right to discharge (see Digirolomo v Goldstein, 96 AD3d 992, 993-994 [2012]; Persad v Abreu, 84 AD3d 1046, 1047 [2011]; Dulak v Heier, 77 AD3d 787, 787-788 [2010]).

2014In determining whether a special employment relationship exists, a court should consider factors such as the right to control the employee’s work, the method of payment, the furnishing of equipment, and the right to discharge (see Digirolomo v Goldstein, 96 AD3d 992, 993-994 [2012]; Persad v Abreu, 84 AD3d 1046, 1047 [2011]; Dulak v Heier, 77 AD3d 787, 787-788 [2010]).

2013In determining whether a special employment relationship exists, a court should consider factors such as the right to control the employee’s work, the method of payment, the furnishing of equipment, and the right to discharge (see Digirolomo v Goldstein, 96 AD3d 992, 993-994 [2012]; Persad v Abreu, 84 AD3d 1046, 1047 [2011]; Dulak v Heier, 77 AD3d 787, 787-788 [2010]).

2024As to the substantive portion of the application, "[i]n determining a reasonable attorney's fee, the court should consider factors such as time and labor, difficulty of the questions involved, [*8]the amount involved, counsel's experience, ability, and reputation, and the customary fee charged for such services" ( In re Cincotta , 139 AD3d 1058, 1059 [2d Dept 2016], citing In re Potts' Estate , 213 App Div 59, 62 [4th Dept], aff'd 241 NY 593 [1925]).

2024As to the substantive portion of the application, "[i]n determining a reasonable attorney's fee, the court should consider factors such as time and labor, difficulty of the questions involved, [*8]the amount involved, counsel's experience, ability, and reputation, and the customary fee charged for such services" ( In re Cincotta , 139 AD3d 1058, 1059 [2d Dept 2016], citing In re Potts' Estate , 213 App Div 59, 62 [4th Dept], aff'd 241 NY 593 [1925]).

2024In determining whether to extend the time sought, the court should consider factors such as "the length of the delay, whether the opposing party has been prejudiced by the delay, the reason given for the delay, whether the moving party was in default before seeking the extension, and, if so, the presence or absence of an affidavit of merit" ( Tewari v Tsoutsouras , 75 NY2d 1, 11-12 [1989]; see Arias v First Presbyt.

2024In determining whether to extend the time sought, the court should consider factors such as "the length of the delay, whether the opposing party has been prejudiced by the delay, the reason given for the delay, whether the moving party was in default before seeking the extension, and, if so, the presence or absence of an affidavit of merit" ( Tewari v Tsoutsouras , 75 NY2d 1, 11-12 [1989]; see Arias v First Presbyt.

2024Church in Jamaica , 97 AD3d 712 , 712 [2d Dept 2012]; Klughaupt v Hi-Tower Contractors, Inc. , 64 AD3d 545, 546 [2d Dept 2009]).

2024Church in Jamaica , 97 AD3d 712 , 712 [2d Dept 2012]; Klughaupt v Hi-Tower Contractors, Inc. , 64 AD3d 545, 546 [2d Dept 2009]).

2024"Furthermore, in exercising discretionary power granted to it by the Legislature in Domestic Relations Law §237, 'a Court should review the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the parties' positions'" ( J.S. v J.S. , 19 Misc 3d 634, 653-654 [Sup Ct, Nassau County 2008], quoting DeCabrera v Cabrera-Rosete , 70 NY2d 879, 881 [1987]).

2024"Furthermore, in exercising discretionary power granted to it by the Legislature in Domestic Relations Law §237, 'a Court should review the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the parties' positions'" ( J.S. v J.S. , 19 Misc 3d 634, 653-654 [Sup Ct, Nassau County 2008], quoting DeCabrera v Cabrera-Rosete , 70 NY2d 879, 881 [1987]).

2024"Furthermore, in exercising discretionary power granted to it by the Legislature in Domestic Relations Law §237, 'a Court should review the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the parties' positions'" ( J.S. v J.S. , 19 Misc 3d 634, 653-654 [Sup Ct, Nassau County 2008], quoting DeCabrera v Cabrera-Rosete , 70 NY2d 879, 881 [1987]).

2024"Furthermore, in exercising discretionary power granted to it by the Legislature in Domestic Relations Law §237, 'a Court should review the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the parties' positions'" ( J.S. v J.S. , 19 Misc 3d 634, 653-654 [Sup Ct, Nassau County 2008], quoting DeCabrera v Cabrera-Rosete , 70 NY2d 879, 881 [1987]).

2015In determining whether a relationship is so close as to require disqualification, a court should consider factors “such as the frequency, recency or currency of the contact, whether it was direct contact, . . . the nature of the relationship as personal and/or professional . . . [and] any facet of the relationship *1247 likely to preclude the prospective juror from being impartial” (People v Greenfield, 112 AD3d 1226 , 1228-1229 [2013], lv denied 23 NY3d 1037 [2014]; see People v Furey, 18 NY3d 284, 287-288 [2011]).

2015“In determining whether a relationship is so close as to require disqualification, a court should consider factors ‘such as the frequency, recency or currency of the contact, whether it was direct contact, . . . [and] the nature of the relationship as personal and/or professional’ ” *1309 (People v Hamilton, 127 AD3d at 1246-1247 , quoting People v Greenfield, 112 AD3d 1226 , 1228-1229 [2013], lv denied 23 NY3d 1037 [2014]; see People v Furey, 18 NY3d at 287).

2025Harris & Sons, Inc. , 131 AD3d 1050, 1051).

2025Harris & Sons, Inc. , 131 AD3d 1050, 1051).

2024Co. v JKH Realty Group, LLC , 127 AD3d at 1036 , quoting Diaz v Audi of Am., Inc. , 57 AD3d 828, 830 ; see RMP Capital Corp. v Victory Jet, LLC , 139 AD3d 836, 839 ).

2015The court should consider factors such as “(1) the time and labor required, the difficulty of the questions involved, and the skill required to handle the problems presented; (2) the lawyer’s experience, ability, and reputation; (3) the amount involved and benefit resulting to the client from the services; (4) the customary fee charged for similar services; (5) the contingency or certainty of compensation; (6) the results obtained; and (7) the responsibility involved” (Diaz v Audi of Am,., Inc., 57 AD3d 828, 830 [2008]; see Matter of Freeman, 34 NY2d 1, 9 [1974]; Matter of McCann, 236 AD2d 405

2025"Many factors are weighed in deciding whether a special employment relationship exists, and generally no one is decisive" ( Thompson v Grumman Aerospace Corp. , 78 NY2d at 558). "'In determining whether a special employment relationship exists, a court should consider factors such as the right to control the employee's work, the method of payment, the furnishing of equipment, and the right to discharge'" ( James v Highland Rehabilitation & Nursing Ctr. , 222 AD3d 736, 737, quoting Wilson v A.H.

2025"Many factors are weighed in deciding whether a special employment relationship exists, and generally no one is decisive" ( Thompson v Grumman Aerospace Corp. , 78 NY2d at 558). "'In determining whether a special employment relationship exists, a court should consider factors such as the right to control the employee's work, the method of payment, the furnishing of equipment, and the right to discharge'" ( James v Highland Rehabilitation & Nursing Ctr. , 222 AD3d 736, 737, quoting Wilson v A.H.

2024Co. v JKH Realty Group, LLC , 127 AD3d at 1036 , quoting Diaz v Audi of Am., Inc. , 57 AD3d 828, 830 ; see RMP Capital Corp. v Victory Jet, LLC , 139 AD3d 836, 839 ).

2023"In determining whether the state that has jurisdiction is an inconvenient forum, a court should consider such factors as 'the length of time the child[ren have] resided outside th[e] state' (Domestic Relations Law § 76-f [2] [b]), 'the nature and location of the evidence required to resolve the pending litigation, including testimony of the child[ren]' (§ 76-f [2] [f]), and 'the familiarity of the court of each state with the facts and issues in the pending litigation' (§ 76-f [2] [h])" ( Clark v Clark , 21 AD3d 1326, 1327 [4th Dept 2005]).

2023Here, we conclude that the court, after considering all of the factors, properly exercised its discretion in determining that New Jersey was a more appropriate forum for these proceedings ( see Matter of Dei v Diew , 56 AD3d 1212 , 1213 [4th Dept 2008]; Clark , 21 AD3d at 1327 -[*2]1328).