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Court Decides to Appoint Natural Mother as Guardian to Start Obtaining Legal Residency for Kids

A New York Family Lawyer said in this appeal, we conclude that the subject children, facing the possibility of being separated from their only parent and returned to their native country where gang members have threatened their lives, may seek to …

Plaintiff Asks Court for Leave to Serve Defendant via Publication

A New York Family Lawyer said in February 1971, plaintiff made application to this Court for leave to serve the defendant by publication and for permission to proceed as a poor person. Though service was made on the County of Nassau, they neither …

Court Listens to Case Dealing with Judicial Economy

A New York Family Lawyer said this personal injury action, stemming from a multi-vehicle collision, raises interesting issues regarding consolidation, venue, comity, judicial economy, the avoidance of forum shopping, and a seeming conflict between …

Court Discusses Family Succession Rights

A New York Family Lawyer said the petitioner commenced this proceeding pursuant to Article 78 of the CPLR to review a determination of the respondent, City of New York, Department of Housing Preservation and Development (hereafter referred to as …

Petitioners Claim Previous Court Determinations Were Arbitrary and Capricious

A New York Family Lawyer said in this proceeding was instituted pursuant to Article 78 of the CPLR by Mr. and Mrs. Banks, public assistance recipients, compelling Respondents to pay the balance owed by the Banks for the installation of a heating …

Petitioners Seek to Renew a Motion to Dismiss

A New York Family Lawyer said that, upon the foregoing papers, petitioners individually, as preliminary executor of the estate of the decedent and as the vested beneficial owner of shares of the respondent 4C Foods Corp. held by certain trusts, moves …

Court Considers Summary Judgment Where There is No Issue of Material Fact

A New York Family Lawyer said that, this motion arises out of an underlying personal injury action, filed in this Court in June 2009, wherein the plaintiff alleged violations under Labor Law §§240 and 241. Plaintiff fell from a ladder while …

Petitioner Seeks to Modify Visitation

A New York Family Lawyer said that, the petitioner/mother, and the respondent/father, were divorced by judgment of divorce, dated February 14, 2000 and entered by the Nassau County Clerk on February 15, 2000. The judgment of divorce granted the …

Respondent Seeks to Dismiss Proceedings

A New York Family Lawyer said that, by motion dated January 5, 2009, respondent seeks to dismiss the instant proceeding, alleging that she is not a licensee and therefore cannot be evicted in a summary proceeding. Petitioner opposes the motion and, …

Court Decides How Domicile of Claimant Effects Case

A New York Family Lawyer said that, in this probate proceeding objections were filed and a jury demanded by respondents. A motion is now made by them to dismiss the petition before any trial on the merits upon the ground that the decedent was not a …

Plaintiff Seeks Reimbursement for Cost of Tuition for Foster Child

A New York Family Lawyer said that, plaintiff seeks reimbursement for the cost of tuition for a foster child, pursuant to Education Law section 3202(5)(a) which provides for the distribution of the cost of educating indigent children among the school …

Court Discusses Reasonable Doubt Regarding Evidence

A New York Family Lawyer said the defendant, Ms. G, a landlord and owner, is charged with various violations of the Incorporated Village of Westbury Building Code at 463 Franklin Street, Westbury, New York on January 31, 2007.

The Facts

Ms. GA, an …

Court Decides Custody in Light of Sexual Abuse Allegations

A New York Family Lawyer said following an 11-day hearing, Family Court, by order entered September 15, 2005, awarded respondent wife sole legal and physical custody of the parties' minor child, D (born in 2000), and established a visitation schedule …

Court Discusses Application of Mental Hygiene Law

A New York Family Lawyer said that, in 1971, a mildly re****ed individual was admitted to the Wassaic Developmental Center, a State institution for the mentally re****ed. At the time of her admission, she was 16 years of age, and had a known history …

Court Decides Complicated Neglect Case

A New York Family Lawyer said the Grievance Committee for the Tenth Judicial District (hereinafter the Grievance Committee) served the respondent with a petition dated August 23, 2007, containing nine charges of professional misconduct. After a …

Court Discusses the Meaning of "Household" Under the Family Court Act

A New York Family Lawyer said that, the defendant was charged by an information sworn to by the complainant with a violation of Section 242, subd. 3 of the Penal Law, in other words, with a second degree assault. Upon arraignment, he was represented …

Family Court Deals with Firearm Issue

A New York Family Lawyer said at the hearing, the Deputy Sheriff testified on behalf of the Sheriff's Department. He testified that the Sheriff's Department's general rule in returning fi****ms is that the return is made when an order from the court …

Nonparty Witness Moves for an Order to Quash Subpoena Duces Tecum

A New York Family Lawyer said that, the nonparty witness moves for an order pursuant to CPLR 2304 quashing the subpoena duces tecum served upon him, and for a protective order pursuant to CPLR 3103 blocking the taking of his deposition in this …

Defendants Seek Summary Judgment Pursuant to CPLR 3212

A New York Family Lawyer said in this family case, the plaintiff in this action seeks to recover damages for medical malpractice and lack of informed consent. She underwent gastric bypass surgery at a hospital by the defendant doctor on July 23, 2008 …

Issue in this Case Deals with Whether Plaintiff Can Pursue a Tax Certiorari Proceeding

A New York Family Lawyer said that, the petitioner, an owner of a parcel of real property improved by a one-family dwelling in the Village of Atlantic Beach, commenced this proceeding pursuant to Real Property Tax Law article 7 against the village, …

Plaintiffs Move for a Preliminary Injunction

A New York Family Lawyer said the plaintiff, a builder, purchased a certain piece of property at New York in February 1996. Prior to purchasing the property he ascertained that the property was located in a Residence C zone which requires a minimum …

Court Listens to Case Dealing with Article 16 of the CPLR

A New York Family Lawyer said the issue raised in this case involves the application of Article 16 of the CPLR and its effect on the instructions to be given to the jury concerning apportionment of fault between tortfeasors, one of whom was negligent …

Plaintiff Brings Child Custody Proceeding

A New York Family Lawyer said in a child protective proceeding pursuant to Family Court Act article 10, the Law Guardian appeals from so much of an order of the Family Court, Westchester County, entered January 5, 1989, as granted those branches of …

Court Discusses Petition for Tax Exemption

A New York Family Lawyer said that, the Plaintiff, claims that it is entitled to a real property tax exemption pursuant to Real Property Tax Law ["R.P.T.L."] §§ 420(a),(b)1 and 4622 for the years 2004 and 2005 for its property located at 32 College …

Court Discusses Mother's Liability for Counsel Fees

A New York Family Lawyer said that, on May 19, 1969, the defendant and his former wife entered into a separation agreement which provided for the support of the parties' children. By Mexican decree dated May 31, 1969, the defendant and his former …

Petitioner Contends Several Flaws with Court Trial

A New York Family Lawyer said the plaintiff is an experienced police informant, met the defendant towards the end of December, 1997 when they were both incarcerated at the Nassau County Jail. At the time that they met, the police informant was …

Court Discusses Entitled of a Judgment According to Law

A New York Family Lawyer said that, this is an action to recover damages for medical malpractice. The plaintiffs allege that the defendant a plastic surgeon, failed to timely diagnose plaintiff’s breast cancer. More specifically, plaintiffs allege in …

Plaintiff Seeks Summary Judgment

A New York Family Lawyer said that, plaintiff, County of Nassau, seeks summary judgment on a complaint against the defendant property owners, claiming that they owe a $500.00 civil penalty. The complaint proceeds on the premise that defendants were …

Court Discusses "Operation Midway" Program

A New York Family Lawyer said that, on the face of it, these are merely two motions by the District Attorney for orders restoring two cases to the Trial Calendar and precluding them from admission to the Operation Midway Program. However, the broader …

Court Discusses Grand Jury Investigation Into the Sale of Children

A New York Family Lawyer said that, on December 7, 1976, a New York County Grand Jury, pursuant to its investigation into the sale of babies in violation of Social Services Law, Section 374(6), 1 issued two subpoenas duces tecum. One subpoena …

Court Enforces Judgment Regarding Maintenance

A New York Family Lawyer said that this appeal presents an opportunity for this Court to clarify the procedure for enforcing a judgment against an award of maintenance. This procedure differs from those applicable to other types of collection efforts …