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ALLEN v. MATTINGLY, 11-1613-cv (2nd Cir. 6-21-2012)
No. 11-1613-cv.
June 21, 2012.
"We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction under Rule 12(b)(1) is proper "when the district court lacks the statutory or constitutional power to adjudicate it." Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000). To survive a Rule 12(b)(6) motion to dismiss, the complaint must plead "enough facts to state a claim ... We reject Allen's argument that the district court erred when it dismissed her action without first permitting her to remove an ongoing proceeding in the Queens County Family Court relating to the custody of her child. Documents attached to Allen's February 2011 notice of removal demonstrate that the ...
equitable distribution - equitable distribution
CUDAR v. CUDAR, 2011-03128 (2d Dept 6-20-2012)
2011-03128
Decided on June 20, 2012
Appeal by the defendant, in a matrimonial action in which the parties were divorced by judgment entered December 21, 2006, as limited by his brief, from so much of an order of the Supreme Court (Barbara Irolla Panepinto, J.), dated March 10, 2011, and entered in Richmond County, as denied those branches of his motion which were, in effect, for a determination that the leasehold constituting the former marital residence is his separate property and for an award of sole possession of the former marital ... OPINION ~amp~ ORDER The principal issue raised on this appeal is whether the subject former marital residence ? a rental apartment subject to rent control ? constitutes either marital or separate property pursuant to the Domestic Relations Law, or neither separate property nor marital property. For the ...
family court - family court
IN THE MATTER OF CYRAIA B. v. CARDUCK B., 2011-08601 (2d Dept 6-20-2012)
2011-08601
Decided on June 20, 2012
DECISION ~amp~ ORDER The Family Court properly determined that the Administration for Children's Services (hereinafter ACS) failed to meet its burden of proving that the father neglected the subject child on the ground of mental illness or domestic violence committed against the child's mother (see Family Ct Act § 1012[f][i][B]). The evidence presented failed to establish a causal connection between the father's mental illness and any impairment or imminent risk of impairment to the child's physical, ...
family court - family court
IN THE MATTER OF KAMAL C., 2011-09130 (2d Dept 6-20-2012)
2011-09130
Decided on June 20, 2012
DECISION ~amp~ ORDER This juvenile delinquency proceeding arises out of an incident in which the complaining witness allegedly was accosted by a group of four boys who attempted to rob him, and was punched by two of them. Approximately three weeks after the incident, during a showup procedure at a police station, the complaining witness identified the respondent as one of the perpetrators. The Presentment Agency conceded that the showup identification should be suppressed at the fact-finding hearing, ... Where a showup identification is shown to be unduly suggestive, an in-court identification by the witness who made the showup identification also must be suppressed unless the prosecution establishes by "clear and convincing evidence" that an in-court identification would be "neither the...
family court - family court
PRUITT v. PATSALOS, 2011-08914 (2d Dept 6-20-2012)
2011-08914
Decided on June 20, 2012
DECISION ~amp~ ORDER To obtain a change of venue pursuant to CPLR 510(2), a movant is required to produce admissible factual evidence demonstrating a strong possibility that an impartial trial cannot be obtained in the county where venue was properly placed (see Matter of Michiel, 48 AD3d 687; Jablonski v Trost, 245 AD2d 338, 339; Albanese v West Nassau Mental Health Ctr., 208 AD2d 665, 666). Under the circumstances of this case, including the evidence demonstrating that the defendant is a retired ...
family court - family court
IN THE MATTER OF JULIAN J. C. v. JUAN C., 2011-04034 (2d Dept 6-20-2012)
2011-04034
Decided on June 20, 2012
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights, the father appeals, as limited by his brief, from so much of an order of fact-finding and disposition of the Family Court, Kings County (Olshansky, J.), dated March 14, 2011, as, after fact-finding and dispositional hearings, determined that his consent to the subject adoption was not required, and transferred the rights of custody and guardianship of the subject child to the New York City Children's Service and the ... DECISION ~amp~ ORDER The Family Court's determination that the father's consent to the adoption of the subject child was not required is supported by clear and convincing evidence (see Matter of Jaden Dasani-Amru B. [Roy Alphonso B.], 74 AD3d 801). The father failed to meet...
family court - family court
PEOPLE v. ELEBY, 1570-1985 (5-18-2012)
No. 1570-1985
May 18, 2012[fn1]
On January 9, 1986, a Kings County petit jury found the defendant guilty of five counts of Murder in the Second Degree, two counts of Attempted Murder in the Second Degree and assorted other charges. On January 30, 1986, the defendant was sentenced to three consecutive terms of twenty-five years to life, one for each of the felony murder convictions, and consecutive terms of imprisonment for his Attempted Murder in the Second Degree and Assault in the Second Degree convictions. The defendant's direct ... In support of his claim that trail attorney failed to provide effective assistance of counsel, based upon her failure to call two potential alibi witnesses at trial, defendant has provided what are purported to be affidavits from two individuals. Yvette Hayes's statement was signed and dated before a notary...
child support - child support
IN THE MATTER OF PHILLIPS v. GIDDINGS, 2011-06446 (2d Dept 6-20-2012)
2011-06446, 2011-06728, No. U-20339-08/10B
Decided on June 20, 2012
In a child support proceeding pursuant to Family Court Act article 4, the father appeals (1), as limited by his brief, from so much of an order of the Family Court, Kings County (Palos, S.M.), dated June 13, 2011, made after a hearing, as determined that he willfully violated a child support order dated March 31, 2009, and recommended that he be incarcerated for a period of six months unless he purged the contempt as directed by the Family Court at the confirmation proceeding, and (2) from an order of ... DECISION ~amp~ ORDER Proof of failure to pay child support as ordered constitutes prima facie evidence of a willful violation of an order of support (see Family Ct Act § 454[3][a]; Matter of Powers v Powers, 86 NY2d 63, 68-69). Once a prima facie...
family court - family court
IN THE MATTER OF MUELLER v. MUELLER, 2011-06779 (2d Dept 6-20-2012)
2011-06779, No. O-18725-10
Decided on June 20, 2012
Here, the Family Court improvidently exercised its discretion in denying the husband's motion, in effect, to enjoin the wife from filing any further petitions pursuant to article 8 of the Family Court Act without prior judicial approval, except by motion or application for judicial action made on notice to the husband. Between 2007 and 2010, the wife obtained six ex parte temporary orders of protection against the husband, and none of the Family Court Act article 8 petitions that the wife filed against ...
family court - family court
IN THE MATTER OF PHILLIPS v. GIDDINGS, 2011-06446 (2d Dept 6-20-2012)
2011-06446, 2011-06728, No. U-20339-08/10B
Decided on June 20, 2012
In a child support proceeding pursuant to Family Court Act article 4, the father appeals (1), as limited by his brief, from so much of an order of the Family Court, Kings County (Palos, S.M.), dated June 13, 2011, made after a hearing, as determined that he willfully violated a child support order dated March 31, 2009, and recommended that he be incarcerated for a period of six months unless he purged the contempt as directed by the Family Court at the confirmation proceeding, and (2) from an order of ... DECISION ~amp~ ORDER Proof of failure to pay child support as ordered constitutes prima facie evidence of a willful violation of an order of support (see Family Ct Act § 454[3][a]; Matter of Powers v Powers, 86 NY2d 63, 68-69). Once a prima facie...
family court - family court
IN THE MATTER OF AARON W. v. SHANNON W., 2010-08501 (2d Dept 6-20-2012)
2010-08501, No. V-06401-07
Decided on June 20, 2012
In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her reply brief, from so much of an order of the Family Court, Orange County (Currier-Woods, J.), dated August 11, 2010, as, after a hearing, granted the father's cross petition to modify a prior order of the same court dated February 24, 2009, which, upon a stipulation of the parties, awarded the parties joint legal and physical custody of the parties' child, so as to award him sole legal and ... DECISION ~amp~ ORDER "An agreement between parents concerning custody will not be set aside unless there is a sufficient change in circumstances since the time of the agreement and unless the modification of the custody agreement is in the best interests of the...
family court - family court
IN THE MATTER OF MILLER v. MILLER, 2010-05642 (2d Dept 6-20-2012)
2010-05642, Nos. V-06091-09, V-06092-09, O-6849-09
Decided on June 20, 2012
Ordered that the appeal by the mother from so much of the order as granted those branches of the father's motions which were for an award of an attorney's fee pursuant to 22 NYCRR 130-1.1 to the extent of directing her attorney to pay the father's attorney the sum of $2,500 is dismissed, as the mother is not aggrieved by that portion of the order (see CPLR 5511; Scopelliti v Town of New Castle, 92 NY2d 944; Matter of Glatzer v Glatzer, 73 AD3d 1173, 1174; Impastato v Impastato, 62 AD3d 752; Mohler v ... DECISION ~amp~ ORDER The court rule set forth in 22 NYCRR 130-1.1,which is intended to limit frivolous and harassing behavior (see Doe v Karpf, 58 AD3d 669, 670), authorizes a court, in its discretion, to award a party in a civil action...
family court - family court
IN THE MATTER OF NORTH v. YEAGLEY, 2010-11617 (2d Dept 6-20-2012)
2010-11617, 2011-00139, Nos. V-942/10, V-943/10, V-944/10, V-945/10
Decided on June 20, 2012
In related child custody proceedings pursuant to Family Court Act article 6, the mother appeals from (1) an order of the Family Court, Orange County (Currier-Woods, J.), dated November 5, 2010, which, after a hearing, inter alia, awarded custody of the subject children to the paternal grandmother, and (2) an order of the same court dated December 10, 2010, which denied her motion to vacate the order dated November 5, 2010, and to reopen the hearing. Contrary to the mother's contention, the Family Court properly determined that the paternal grandmother sustained her burden of demonstrating extraordinary circumstances. The Family Court, which properly considered related decisions in certain neglect proceedings against the mother...
family court - family court
IN THE MATTER OF STARSHA R., 2011-06705 (2d Dept 6-20-2012)
2011-06705, No. D-30579-09
Decided on June 20, 2012
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Freeman, J.), dated June 24, 2011, which, upon a fact-finding order of the same court dated April 21, 2011, made after a hearing, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of attempted assault in the third degree and obstructing governmental administration in the second degree, ... DECISION ~amp~ ORDER Contrary to the appellant's contentions, the Family Court properly determined that there was probable cause for police officers to take the appellant into custody pursuant to Mental Hygiene Law § 9.41 (see generally Bayne v Provost, 2005 WL 1871182, 7,...
family court - family court
IN THE MATTER OF SULTANA v. MALEK, 2011-05894 (2d Dept 6-20-2012)
2011-05894, 2011-05895, Nos. O-19192/09, O-19193/09
Decided on June 20, 2012
In related family offense proceedings pursuant to Family Court Act article 8, Abdul Malek appeals from (1) an order of the Family Court, Kings County (Feldman, J.H.O.), dated May 26, 2011, which, after a hearing, dismissed his petition, and (2) an order of protection of the same court dated June 7, 2011, which, upon a finding that he committed certain family offenses, directed him, inter alia, to stay away from Shahin Sultana for a period up to and including May 25, 2013. DECISION ~amp~ ORDER The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court, whose determination regarding the credibility of witnesses is entitled to deference (see Matter of Harry v Harry, 85 AD3d 790, 790; Family...
equitable distribution - equitable distribution
QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012)
513857
Calendar Date April 20, 2012 Decided on June 21, 2012
MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,...
child support - child support
QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012)
513857
Calendar Date April 20, 2012 Decided on June 21, 2012
MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,...
family court - family court
IN RE ISAIAH C., 8000 (1st Dept 6-21-2012)
8000
Decided on June 21, 2012
Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about August 25, 2011, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of obstructing governmental administration in the second degree and resisting arrest, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs. The fact-finding determination was supported by legally sufficient evidence and was not against the weight of the evidence. When court officers attempted to subdue and arrest appellant's companion following a courtroom disruption, appellant aggressively confronted the officers, approaching them in a belligerent manner with raised...
family court - family court
IN THE MATTER OF XIOMARA D. MADELYN D., 510911 (3d Dept 6-21-2012)
510911
Calendar Date: April 18, 2012 Decided and Entered: June 21, 2012
MEMORANDUM AND ORDER Respondent Madelyn D. (hereinafter the mother) and respondent Direll D. (hereinafter the father) are the married parents of six children, the youngest of whom, Xiomara D. (born 2010), is the subject of this proceeding. Shortly after the youngest child's birth, petitioner removed her from respondents' custody and commenced this neglect proceeding alleging that she was derivatively neglected because respondents had twice been found to have neglected their Page 2 other children in 2008... In July 2010, petitioner moved for summary judgment on its amended neglect petition, relying, in part, on the two prior findings of neglect and requesting Family Court (Charnetsky, J.) to take judicial notice of respondents' testimony at a May...
family court - family court
IN THE MATTER OF VICTOR WW. v. SALMA XX., 513864 (3d Dept 6-21-2012)
513864
Calendar Date: April 16, 2012 Decided on June 21, 2012
Family Court determined that petitioner made the requisite diligent efforts to strengthen and encourage respondent's relationship with her children, but did not prove by clear and convincing evidence that she failed to plan for the children's future for the specified period (see Social Services Law § 384-b [7]; Family Ct Act § 614; Matter of Jyashia RR. [John VV.], 92 AD3d 982, 983 [2012]). This Court accords great deference to such determinations because of the court's opportunity to evaluate the ...
family court - family court
IN THE MATTER OF JEANIYA v. JEAN, 8007 (1st Dept 6-21-2012)
8007
Decided on June 21, 2012
Order, Family Court, Bronx County (Monica Drinane, J.), entered on or about February 23, 2011, which, upon a fact-finding determination that respondent father neglected the subject child, ordered the child released to her mother's custody under twelve months of supervision by petitioner Administration for Children's Services, awarded respondent visitation, and ordered him to complete certain services and not to engage in any further acts of domestic violence in the presence of the child, unanimously ... The finding of neglect was supported by a preponderance of the evidence (see Family Ct Act § 1046[b][I]; Matter of Tammie Z., 66 NY2d 1, 3 [1985]). The record establishes that while in the presence of his then three-year-old daughter, respondent struck the mother in the face during a heated...
family court - family court
IN THE MATTER OF AMEILLIA RR. v. MEGAN SS., 512719 (3d Dept 6-21-2012)
512719
Calendar Date: May 21, 2012 Decided and Entered: June 21, 2012
MEMORANDUM AND ORDER Petitioner commenced this proceeding pursuant to Family Ct Act article 10 alleging that Page 2 respondents Megan SS. (hereinafter the mother) and her live-in partner, Thomas TT., had neglected the mother's child, Ameillia RR. (born in 2008). The petition alleged that the child had sustained bruises and other unexplained injuries while in respondents' sole care. Respondents sought to depose the child's father, Jered RR. (hereinafter the father), and served him with a subpoena duces ... Although intermediate orders from Family Ct Act article 10 abuse and neglect proceedings are appealable as of right (see Family Ct Act § 1112 [a]), for the reasons stated in our prior decision related to this proceeding, we conclude that the...
maintenance and matrimonial - maintenance and matrimonial
QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012)
513857
Calendar Date April 20, 2012 Decided on June 21, 2012
MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,...
child support - child support
PEOPLE v. FAIRMAN, 23647C2012 (6-12-2012)
23647C2012
Decided on June 12, 2012
In this domestic violence-based prosecution, the Court is faced with a somewhat novel and narrow issue. Does an attorney who was retained by a victim of domestic violence assault to represent the defendant accused of that crime face disqualification due to a potential conflict of interest as well as the possibility of being a witness in the criminal matter? Defendant was arrested on April 19, 2012, at about 12:55 pm, in the confines of the 49th Precinct. The details of the arrest are currently unknown to the Court. Later that day, the complaining witness, who is the mother of defendant's child, came to the complaint room of the Bronx County District Attorney's Office. She signed a felony compliant at eight minutes after midnight on the morning of April 20, 2012. The defendant is charged in the felony compliant with strangulation. (Penal Law § 121.12), as ...
family court - family court
WHITE v. FEE, 57828/11 (6-7-2012)
57828/11
Decided on June 7, 2012
Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?"
family court - family court
PEOPLE v. FAIRMAN, 23647C2012 (6-12-2012)
23647C2012
Decided on June 12, 2012
In this domestic violence-based prosecution, the Court is faced with a somewhat novel and narrow issue. Does an attorney who was retained by a victim of domestic violence assault to represent the defendant accused of that crime face disqualification due to a potential conflict of interest as well as the possibility of being a witness in the criminal matter? Defendant was arrested on April 19, 2012, at about 12:55 pm, in the confines of the 49th Precinct. The details of the arrest are currently unknown to the Court. Later that day, the complaining witness, who is the mother of defendant's child, came to the complaint room of the Bronx County District Attorney's Office. She signed a felony compliant at eight minutes after midnight on the morning of April 20, 2012. The defendant is charged in the felony compliant with strangulation. (Penal Law § 121.12), as ...
family court - family court
TALKER v. TALKER, 105127/11 (6-14-2012)
105127/11
June 14, 2012
DECISION/ORDER Plaintiff commenced the instant action to recover damages stemming from the publication of a book written by defendant in violation of a Final Restraining Order (FRO) against defendant. Defendant now moves pursuant to CPLR § 3211(a)(1), (a)(2), (a)(4), (a)(7) and (a)(8) to dismiss plaintiff's complaint on the grounds that (1) a defense is founded upon documentary evidence; (2) this court lacks subject matter jurisdiction over the instant matter; (3) there is another action pending between... As an initial matter, defendant's motion to dismiss plaintiff's complaint pursuant to CPLR § 3211 (a)(7) and (a)(2) for failure to state a cause of action and lack of subject matter jurisdiction is denied as this court has already denied defendant's motion to dismiss the complaint on those grounds in a decision and...
child support - child support
PEOPLE v. FAIRMAN, 23647C2012 (6-12-2012)
No. 23647C2012
June 12, 2012
In this domestic violence-based prosecution, the Court is faced with a somewhat novel and narrow issue. Does an attorney who was retained by a victim of domestic violence assault to represent the defendant accused of that crime face disqualification due to a potential conflict of interest as well as the possibility of being a witness in the criminal matter? Defendant was arrested on April 19, 2012, at about 12:55 pm, in the confines of the 49th Precinct. The details of the arrest are currently unknown to the Court. Later that day, the complaining witness, who is the mother of defendant's child, came to the complaint room of the Bronx County District Attorney's Office. She signed a felony compliant at eight minutes after midnight on the morning of April 20, 2012. The defendant is charged in the felony compliant with strangulation. (Penal Law § 121.12), as ...
family court - family court
PEOPLE v. FAIRMAN, 23647C2012 (6-12-2012)
No. 23647C2012
June 12, 2012
In this domestic violence-based prosecution, the Court is faced with a somewhat novel and narrow issue. Does an attorney who was retained by a victim of domestic violence assault to represent the defendant accused of that crime face disqualification due to a potential conflict of interest as well as the possibility of being a witness in the criminal matter? Defendant was arrested on April 19, 2012, at about 12:55 pm, in the confines of the 49th Precinct. The details of the arrest are currently unknown to the Court. Later that day, the complaining witness, who is the mother of defendant's child, came to the complaint room of the Bronx County District Attorney's Office. She signed a felony compliant at eight minutes after midnight on the morning of April 20, 2012. The defendant is charged in the felony compliant with strangulation. (Penal Law § 121.12), as ...
equitable distribution - equitable distribution
ZHENG v. CITY OF NEW YORK, 147 (N.Y. 6-D-2012)
No. 147
Decided on June 26, 2012
Plaintiffs claim that the City of New York is contractually obligated to pay rent subsidies to their landlords under the Advantage New York program until expiration of their leases. State and Federal reimbursement for two-thirds of the Advantage program's costs ended on April 1, 2011, causing the City to discontinue it as of that date. Both lower courts found that the City did not intend to enter into enforceable contracts with plaintiffs or their landlords under the Advantage program, and the record ... The City created the Advantage rental assistance program in 2007 to help homeless single adults and families achieve independent living. The Advantage program replaced and was designed to fix unanticipated problems thought to compromise the effectiveness of a predecessor program called Housing Stability...
family court - family court
IN RE WILDA C. v. MIGUEL R., 8018 (1st Dept 6-26-2012)
8018
Decided on June 26, 2012
The Family Court did not dismiss the petition on jurisdictional grounds, but on the merits, and thus, the issue of jurisdiction is not properly before this Court on appeal. While respondent urges that a prior order of the Family Court did rule on the issue and has collateral estoppel effect, the record before this Court is insufficient to make such a determination and the issue should be addressed on remand (see Matter of Richard W. v Maribel G., 78 AD3d 480 [2010]). It is undisputed that full custody was awarded to respondent in March 2009 (see 74 AD3d 631 [2010]). The parties represent that an order of protection was issued the same day directing petitioner to "stay away from [the child] except for court ordered supervised visits after documentation of compliance with mental health treatment," and...
family court - family court
IN RE DARRYL C., 6253 (1st Dept 6-26-2012)
6253
Decided on June 26, 2012
"Q So let's go back, officer, again. At some point you asked him what did he put in his pocket? "Q And he responded that he put a wallet in a pocket? "Q It's your testimony that this was friendly conversation. At this time you were talking to him and it was a friendly conversation, you were inquiring, correct? "Q Yet you chose to pat him down for your safety?
family court - family court
IN RE CARLOS G. v. BERNADETTE M., 8019 (1st Dept 6-26-2012)
8019
Decided on June 26, 2012
Although the court's ruling was denominated a "decision" and a decision is not an appealable order under CPLR 5512(a) (see Rodriguez v Chapman-Perry, 63 AD3d 645 [2009]), the denial of the mother's application was appealable because the prior order of reference affected a substantial right, namely the mother's right to have the proceeding determined by a judge (see General Elec. Co. v Rabin, 177 AD2d 354, 356 [1991]). Moreover, the mother is an aggrieved party since she has a direct interest in the ... The record does not reflect that the mother ever provided written consent to the order of reference to the Referee to hear and determine, as required by CPLR 4317(a). However, the mother implicitly consented to the order of reference in that she actively participated in the proceedings before the...
family court - family court
IN RE Helen G. v. JAMES K.T., 7727 (1st Dept 6-26-2012)
7727
Decided on June 26, 2012
The Family Court erred in finding that petitioner, the child's paternal grandmother, who lives in the State of Georgia, does not have standing based on equitable circumstances to seek visitation (see Domestic Relations Law § 72(1); Emanuel S. v Joseph E., 78 NY2d 178, 180 [1991]). The record establishes that although petitioner's relationship with the subject child became sporadic after he turned two years old, when the relationship between the child's parents deteriorated, petitioner traveled to New ... The acrimonious nature of the relationship between petitioner and respondent is an insufficient basis upon which to determine that visitation is not in the child's best interest (see e.g. E.S. v P.D., 8 NY3d 150, 157 [2007]; Matter of Weis v Rivera, 29 AD3d 812, 813[2006]). Page 2 Since more than a...
family court - family court
ALLEN v. MATTINGLY, 11-1613-cv (2nd Cir. 6-21-2012)
No. 11-1613-cv.
June 21, 2012.
"We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction under Rule 12(b)(1) is proper "when the district court lacks the statutory or constitutional power to adjudicate it." Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000). To survive a Rule 12(b)(6) motion to dismiss, the complaint must plead "enough facts to state a claim ... We reject Allen's argument that the district court erred when it dismissed her action without first permitting her to remove an ongoing proceeding in the Queens County Family Court relating to the custody of her child. Documents attached to Allen's February 2011 notice of removal demonstrate that the ...
equitable distribution - equitable distribution
CUDAR v. CUDAR, 2011-03128 (2d Dept 6-20-2012)
2011-03128
Decided on June 20, 2012
Appeal by the defendant, in a matrimonial action in which the parties were divorced by judgment entered December 21, 2006, as limited by his brief, from so much of an order of the Supreme Court (Barbara Irolla Panepinto, J.), dated March 10, 2011, and entered in Richmond County, as denied those branches of his motion which were, in effect, for a determination that the leasehold constituting the former marital residence is his separate property and for an award of sole possession of the former marital ... OPINION ~amp~ ORDER The principal issue raised on this appeal is whether the subject former marital residence ? a rental apartment subject to rent control ? constitutes either marital or separate property pursuant to the Domestic Relations Law, or neither separate property nor marital property. For the ...
family court - family court
IN THE MATTER OF CYRAIA B. v. CARDUCK B., 2011-08601 (2d Dept 6-20-2012)
2011-08601
Decided on June 20, 2012
DECISION ~amp~ ORDER The Family Court properly determined that the Administration for Children's Services (hereinafter ACS) failed to meet its burden of proving that the father neglected the subject child on the ground of mental illness or domestic violence committed against the child's mother (see Family Ct Act § 1012[f][i][B]). The evidence presented failed to establish a causal connection between the father's mental illness and any impairment or imminent risk of impairment to the child's physical, ...
family court - family court
IN THE MATTER OF KAMAL C., 2011-09130 (2d Dept 6-20-2012)
2011-09130
Decided on June 20, 2012
DECISION ~amp~ ORDER This juvenile delinquency proceeding arises out of an incident in which the complaining witness allegedly was accosted by a group of four boys who attempted to rob him, and was punched by two of them. Approximately three weeks after the incident, during a showup procedure at a police station, the complaining witness identified the respondent as one of the perpetrators. The Presentment Agency conceded that the showup identification should be suppressed at the fact-finding hearing, ... Where a showup identification is shown to be unduly suggestive, an in-court identification by the witness who made the showup identification also must be suppressed unless the prosecution establishes by "clear and convincing evidence" that an in-court identification would be "neither the...
family court - family court
PRUITT v. PATSALOS, 2011-08914 (2d Dept 6-20-2012)
2011-08914
Decided on June 20, 2012
DECISION ~amp~ ORDER To obtain a change of venue pursuant to CPLR 510(2), a movant is required to produce admissible factual evidence demonstrating a strong possibility that an impartial trial cannot be obtained in the county where venue was properly placed (see Matter of Michiel, 48 AD3d 687; Jablonski v Trost, 245 AD2d 338, 339; Albanese v West Nassau Mental Health Ctr., 208 AD2d 665, 666). Under the circumstances of this case, including the evidence demonstrating that the defendant is a retired ...
family court - family court
IN THE MATTER OF JULIAN J. C. v. JUAN C., 2011-04034 (2d Dept 6-20-2012)
2011-04034
Decided on June 20, 2012
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights, the father appeals, as limited by his brief, from so much of an order of fact-finding and disposition of the Family Court, Kings County (Olshansky, J.), dated March 14, 2011, as, after fact-finding and dispositional hearings, determined that his consent to the subject adoption was not required, and transferred the rights of custody and guardianship of the subject child to the New York City Children's Service and the ... DECISION ~amp~ ORDER The Family Court's determination that the father's consent to the adoption of the subject child was not required is supported by clear and convincing evidence (see Matter of Jaden Dasani-Amru B. [Roy Alphonso B.], 74 AD3d 801). The father failed to meet...
family court - family court
PEOPLE v. ELEBY, 1570-1985 (5-18-2012)
No. 1570-1985
May 18, 2012[fn1]
On January 9, 1986, a Kings County petit jury found the defendant guilty of five counts of Murder in the Second Degree, two counts of Attempted Murder in the Second Degree and assorted other charges. On January 30, 1986, the defendant was sentenced to three consecutive terms of twenty-five years to life, one for each of the felony murder convictions, and consecutive terms of imprisonment for his Attempted Murder in the Second Degree and Assault in the Second Degree convictions. The defendant's direct ... In support of his claim that trail attorney failed to provide effective assistance of counsel, based upon her failure to call two potential alibi witnesses at trial, defendant has provided what are purported to be affidavits from two individuals. Yvette Hayes's statement was signed and dated before a notary...
child support - child support
IN THE MATTER OF PHILLIPS v. GIDDINGS, 2011-06446 (2d Dept 6-20-2012)
2011-06446, 2011-06728, No. U-20339-08/10B
Decided on June 20, 2012
In a child support proceeding pursuant to Family Court Act article 4, the father appeals (1), as limited by his brief, from so much of an order of the Family Court, Kings County (Palos, S.M.), dated June 13, 2011, made after a hearing, as determined that he willfully violated a child support order dated March 31, 2009, and recommended that he be incarcerated for a period of six months unless he purged the contempt as directed by the Family Court at the confirmation proceeding, and (2) from an order of ... DECISION ~amp~ ORDER Proof of failure to pay child support as ordered constitutes prima facie evidence of a willful violation of an order of support (see Family Ct Act § 454[3][a]; Matter of Powers v Powers, 86 NY2d 63, 68-69). Once a prima facie...
family court - family court
IN THE MATTER OF MUELLER v. MUELLER, 2011-06779 (2d Dept 6-20-2012)
2011-06779, No. O-18725-10
Decided on June 20, 2012
Here, the Family Court improvidently exercised its discretion in denying the husband's motion, in effect, to enjoin the wife from filing any further petitions pursuant to article 8 of the Family Court Act without prior judicial approval, except by motion or application for judicial action made on notice to the husband. Between 2007 and 2010, the wife obtained six ex parte temporary orders of protection against the husband, and none of the Family Court Act article 8 petitions that the wife filed against ...
family court - family court
IN THE MATTER OF PHILLIPS v. GIDDINGS, 2011-06446 (2d Dept 6-20-2012)
2011-06446, 2011-06728, No. U-20339-08/10B
Decided on June 20, 2012
In a child support proceeding pursuant to Family Court Act article 4, the father appeals (1), as limited by his brief, from so much of an order of the Family Court, Kings County (Palos, S.M.), dated June 13, 2011, made after a hearing, as determined that he willfully violated a child support order dated March 31, 2009, and recommended that he be incarcerated for a period of six months unless he purged the contempt as directed by the Family Court at the confirmation proceeding, and (2) from an order of ... DECISION ~amp~ ORDER Proof of failure to pay child support as ordered constitutes prima facie evidence of a willful violation of an order of support (see Family Ct Act § 454[3][a]; Matter of Powers v Powers, 86 NY2d 63, 68-69). Once a prima facie...
family court - family court
IN THE MATTER OF AARON W. v. SHANNON W., 2010-08501 (2d Dept 6-20-2012)
2010-08501, No. V-06401-07
Decided on June 20, 2012
In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her reply brief, from so much of an order of the Family Court, Orange County (Currier-Woods, J.), dated August 11, 2010, as, after a hearing, granted the father's cross petition to modify a prior order of the same court dated February 24, 2009, which, upon a stipulation of the parties, awarded the parties joint legal and physical custody of the parties' child, so as to award him sole legal and ... DECISION ~amp~ ORDER "An agreement between parents concerning custody will not be set aside unless there is a sufficient change in circumstances since the time of the agreement and unless the modification of the custody agreement is in the best interests of the...
family court - family court
IN THE MATTER OF MILLER v. MILLER, 2010-05642 (2d Dept 6-20-2012)
2010-05642, Nos. V-06091-09, V-06092-09, O-6849-09
Decided on June 20, 2012
Ordered that the appeal by the mother from so much of the order as granted those branches of the father's motions which were for an award of an attorney's fee pursuant to 22 NYCRR 130-1.1 to the extent of directing her attorney to pay the father's attorney the sum of $2,500 is dismissed, as the mother is not aggrieved by that portion of the order (see CPLR 5511; Scopelliti v Town of New Castle, 92 NY2d 944; Matter of Glatzer v Glatzer, 73 AD3d 1173, 1174; Impastato v Impastato, 62 AD3d 752; Mohler v ... DECISION ~amp~ ORDER The court rule set forth in 22 NYCRR 130-1.1,which is intended to limit frivolous and harassing behavior (see Doe v Karpf, 58 AD3d 669, 670), authorizes a court, in its discretion, to award a party in a civil action...
family court - family court
IN THE MATTER OF NORTH v. YEAGLEY, 2010-11617 (2d Dept 6-20-2012)
2010-11617, 2011-00139, Nos. V-942/10, V-943/10, V-944/10, V-945/10
Decided on June 20, 2012
In related child custody proceedings pursuant to Family Court Act article 6, the mother appeals from (1) an order of the Family Court, Orange County (Currier-Woods, J.), dated November 5, 2010, which, after a hearing, inter alia, awarded custody of the subject children to the paternal grandmother, and (2) an order of the same court dated December 10, 2010, which denied her motion to vacate the order dated November 5, 2010, and to reopen the hearing. Contrary to the mother's contention, the Family Court properly determined that the paternal grandmother sustained her burden of demonstrating extraordinary circumstances. The Family Court, which properly considered related decisions in certain neglect proceedings against the mother...
family court - family court
IN THE MATTER OF STARSHA R., 2011-06705 (2d Dept 6-20-2012)
2011-06705, No. D-30579-09
Decided on June 20, 2012
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Freeman, J.), dated June 24, 2011, which, upon a fact-finding order of the same court dated April 21, 2011, made after a hearing, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of attempted assault in the third degree and obstructing governmental administration in the second degree, ... DECISION ~amp~ ORDER Contrary to the appellant's contentions, the Family Court properly determined that there was probable cause for police officers to take the appellant into custody pursuant to Mental Hygiene Law § 9.41 (see generally Bayne v Provost, 2005 WL 1871182, 7,...
family court - family court
IN THE MATTER OF SULTANA v. MALEK, 2011-05894 (2d Dept 6-20-2012)
2011-05894, 2011-05895, Nos. O-19192/09, O-19193/09
Decided on June 20, 2012
In related family offense proceedings pursuant to Family Court Act article 8, Abdul Malek appeals from (1) an order of the Family Court, Kings County (Feldman, J.H.O.), dated May 26, 2011, which, after a hearing, dismissed his petition, and (2) an order of protection of the same court dated June 7, 2011, which, upon a finding that he committed certain family offenses, directed him, inter alia, to stay away from Shahin Sultana for a period up to and including May 25, 2013. DECISION ~amp~ ORDER The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court, whose determination regarding the credibility of witnesses is entitled to deference (see Matter of Harry v Harry, 85 AD3d 790, 790; Family...
equitable distribution - equitable distribution
QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012)
513857
Calendar Date April 20, 2012 Decided on June 21, 2012
MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,...
child support - child support
QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012)
513857
Calendar Date April 20, 2012 Decided on June 21, 2012
MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,...
family court - family court
IN RE ISAIAH C., 8000 (1st Dept 6-21-2012)
8000
Decided on June 21, 2012
Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about August 25, 2011, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of obstructing governmental administration in the second degree and resisting arrest, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs. The fact-finding determination was supported by legally sufficient evidence and was not against the weight of the evidence. When court officers attempted to subdue and arrest appellant's companion following a courtroom disruption, appellant aggressively confronted the officers, approaching them in a belligerent manner with raised...
family court - family court
IN THE MATTER OF XIOMARA D. MADELYN D., 510911 (3d Dept 6-21-2012)
510911
Calendar Date: April 18, 2012 Decided and Entered: June 21, 2012
MEMORANDUM AND ORDER Respondent Madelyn D. (hereinafter the mother) and respondent Direll D. (hereinafter the father) are the married parents of six children, the youngest of whom, Xiomara D. (born 2010), is the subject of this proceeding. Shortly after the youngest child's birth, petitioner removed her from respondents' custody and commenced this neglect proceeding alleging that she was derivatively neglected because respondents had twice been found to have neglected their Page 2 other children in 2008... In July 2010, petitioner moved for summary judgment on its amended neglect petition, relying, in part, on the two prior findings of neglect and requesting Family Court (Charnetsky, J.) to take judicial notice of respondents' testimony at a May...
family court - family court
IN THE MATTER OF VICTOR WW. v. SALMA XX., 513864 (3d Dept 6-21-2012)
513864
Calendar Date: April 16, 2012 Decided on June 21, 2012
Family Court determined that petitioner made the requisite diligent efforts to strengthen and encourage respondent's relationship with her children, but did not prove by clear and convincing evidence that she failed to plan for the children's future for the specified period (see Social Services Law § 384-b [7]; Family Ct Act § 614; Matter of Jyashia RR. [John VV.], 92 AD3d 982, 983 [2012]). This Court accords great deference to such determinations because of the court's opportunity to evaluate the ...
family court - family court
IN THE MATTER OF JEANIYA v. JEAN, 8007 (1st Dept 6-21-2012)
8007
Decided on June 21, 2012
Order, Family Court, Bronx County (Monica Drinane, J.), entered on or about February 23, 2011, which, upon a fact-finding determination that respondent father neglected the subject child, ordered the child released to her mother's custody under twelve months of supervision by petitioner Administration for Children's Services, awarded respondent visitation, and ordered him to complete certain services and not to engage in any further acts of domestic violence in the presence of the child, unanimously ... The finding of neglect was supported by a preponderance of the evidence (see Family Ct Act § 1046[b][I]; Matter of Tammie Z., 66 NY2d 1, 3 [1985]). The record establishes that while in the presence of his then three-year-old daughter, respondent struck the mother in the face during a heated...
family court - family court
IN THE MATTER OF AMEILLIA RR. v. MEGAN SS., 512719 (3d Dept 6-21-2012)
512719
Calendar Date: May 21, 2012 Decided and Entered: June 21, 2012
MEMORANDUM AND ORDER Petitioner commenced this proceeding pursuant to Family Ct Act article 10 alleging that Page 2 respondents Megan SS. (hereinafter the mother) and her live-in partner, Thomas TT., had neglected the mother's child, Ameillia RR. (born in 2008). The petition alleged that the child had sustained bruises and other unexplained injuries while in respondents' sole care. Respondents sought to depose the child's father, Jered RR. (hereinafter the father), and served him with a subpoena duces ... Although intermediate orders from Family Ct Act article 10 abuse and neglect proceedings are appealable as of right (see Family Ct Act § 1112 [a]), for the reasons stated in our prior decision related to this proceeding, we conclude that the...
maintenance and matrimonial - maintenance and matrimonial
QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012)
513857
Calendar Date April 20, 2012 Decided on June 21, 2012
MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,...
child support - child support
PEOPLE v. FAIRMAN, 23647C2012 (6-12-2012)
23647C2012
Decided on June 12, 2012
In this domestic violence-based prosecution, the Court is faced with a somewhat novel and narrow issue. Does an attorney who was retained by a victim of domestic violence assault to represent the defendant accused of that crime face disqualification due to a potential conflict of interest as well as the possibility of being a witness in the criminal matter? Defendant was arrested on April 19, 2012, at about 12:55 pm, in the confines of the 49th Precinct. The details of the arrest are currently unknown to the Court. Later that day, the complaining witness, who is the mother of defendant's child, came to the complaint room of the Bronx County District Attorney's Office. She signed a felony compliant at eight minutes after midnight on the morning of April 20, 2012. The defendant is charged in the felony compliant with strangulation. (Penal Law § 121.12), as ...
family court - family court
WHITE v. FEE, 57828/11 (6-7-2012)
57828/11
Decided on June 7, 2012
Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?"
family court - family court
PEOPLE v. FAIRMAN, 23647C2012 (6-12-2012)
23647C2012
Decided on June 12, 2012
In this domestic violence-based prosecution, the Court is faced with a somewhat novel and narrow issue. Does an attorney who was retained by a victim of domestic violence assault to represent the defendant accused of that crime face disqualification due to a potential conflict of interest as well as the possibility of being a witness in the criminal matter? Defendant was arrested on April 19, 2012, at about 12:55 pm, in the confines of the 49th Precinct. The details of the arrest are currently unknown to the Court. Later that day, the complaining witness, who is the mother of defendant's child, came to the complaint room of the Bronx County District Attorney's Office. She signed a felony compliant at eight minutes after midnight on the morning of April 20, 2012. The defendant is charged in the felony compliant with strangulation. (Penal Law § 121.12), as ...
family court - family court
TALKER v. TALKER, 105127/11 (6-14-2012)
105127/11
June 14, 2012
DECISION/ORDER Plaintiff commenced the instant action to recover damages stemming from the publication of a book written by defendant in violation of a Final Restraining Order (FRO) against defendant. Defendant now moves pursuant to CPLR § 3211(a)(1), (a)(2), (a)(4), (a)(7) and (a)(8) to dismiss plaintiff's complaint on the grounds that (1) a defense is founded upon documentary evidence; (2) this court lacks subject matter jurisdiction over the instant matter; (3) there is another action pending between... As an initial matter, defendant's motion to dismiss plaintiff's complaint pursuant to CPLR § 3211 (a)(7) and (a)(2) for failure to state a cause of action and lack of subject matter jurisdiction is denied as this court has already denied defendant's motion to dismiss the complaint on those grounds in a decision and...
child support - child support
PEOPLE v. FAIRMAN, 23647C2012 (6-12-2012)
No. 23647C2012
June 12, 2012
In this domestic violence-based prosecution, the Court is faced with a somewhat novel and narrow issue. Does an attorney who was retained by a victim of domestic violence assault to represent the defendant accused of that crime face disqualification due to a potential conflict of interest as well as the possibility of being a witness in the criminal matter? Defendant was arrested on April 19, 2012, at about 12:55 pm, in the confines of the 49th Precinct. The details of the arrest are currently unknown to the Court. Later that day, the complaining witness, who is the mother of defendant's child, came to the complaint room of the Bronx County District Attorney's Office. She signed a felony compliant at eight minutes after midnight on the morning of April 20, 2012. The defendant is charged in the felony compliant with strangulation. (Penal Law § 121.12), as ...
family court - family court
PEOPLE v. FAIRMAN, 23647C2012 (6-12-2012)
No. 23647C2012
June 12, 2012
In this domestic violence-based prosecution, the Court is faced with a somewhat novel and narrow issue. Does an attorney who was retained by a victim of domestic violence assault to represent the defendant accused of that crime face disqualification due to a potential conflict of interest as well as the possibility of being a witness in the criminal matter? Defendant was arrested on April 19, 2012, at about 12:55 pm, in the confines of the 49th Precinct. The details of the arrest are currently unknown to the Court. Later that day, the complaining witness, who is the mother of defendant's child, came to the complaint room of the Bronx County District Attorney's Office. She signed a felony compliant at eight minutes after midnight on the morning of April 20, 2012. The defendant is charged in the felony compliant with strangulation. (Penal Law § 121.12), as ...
equitable distribution - equitable distribution
ZHENG v. CITY OF NEW YORK, 147 (N.Y. 6-D-2012)
No. 147
Decided on June 26, 2012
Plaintiffs claim that the City of New York is contractually obligated to pay rent subsidies to their landlords under the Advantage New York program until expiration of their leases. State and Federal reimbursement for two-thirds of the Advantage program's costs ended on April 1, 2011, causing the City to discontinue it as of that date. Both lower courts found that the City did not intend to enter into enforceable contracts with plaintiffs or their landlords under the Advantage program, and the record ... The City created the Advantage rental assistance program in 2007 to help homeless single adults and families achieve independent living. The Advantage program replaced and was designed to fix unanticipated problems thought to compromise the effectiveness of a predecessor program called Housing Stability...
family court - family court
IN RE WILDA C. v. MIGUEL R., 8018 (1st Dept 6-26-2012)
8018
Decided on June 26, 2012
The Family Court did not dismiss the petition on jurisdictional grounds, but on the merits, and thus, the issue of jurisdiction is not properly before this Court on appeal. While respondent urges that a prior order of the Family Court did rule on the issue and has collateral estoppel effect, the record before this Court is insufficient to make such a determination and the issue should be addressed on remand (see Matter of Richard W. v Maribel G., 78 AD3d 480 [2010]). It is undisputed that full custody was awarded to respondent in March 2009 (see 74 AD3d 631 [2010]). The parties represent that an order of protection was issued the same day directing petitioner to "stay away from [the child] except for court ordered supervised visits after documentation of compliance with mental health treatment," and...
family court - family court
IN RE DARRYL C., 6253 (1st Dept 6-26-2012)
6253
Decided on June 26, 2012
"Q So let's go back, officer, again. At some point you asked him what did he put in his pocket? "Q And he responded that he put a wallet in a pocket? "Q It's your testimony that this was friendly conversation. At this time you were talking to him and it was a friendly conversation, you were inquiring, correct? "Q Yet you chose to pat him down for your safety?
family court - family court
IN RE CARLOS G. v. BERNADETTE M., 8019 (1st Dept 6-26-2012)
8019
Decided on June 26, 2012
Although the court's ruling was denominated a "decision" and a decision is not an appealable order under CPLR 5512(a) (see Rodriguez v Chapman-Perry, 63 AD3d 645 [2009]), the denial of the mother's application was appealable because the prior order of reference affected a substantial right, namely the mother's right to have the proceeding determined by a judge (see General Elec. Co. v Rabin, 177 AD2d 354, 356 [1991]). Moreover, the mother is an aggrieved party since she has a direct interest in the ... The record does not reflect that the mother ever provided written consent to the order of reference to the Referee to hear and determine, as required by CPLR 4317(a). However, the mother implicitly consented to the order of reference in that she actively participated in the proceedings before the...
family court - family court
IN RE Helen G. v. JAMES K.T., 7727 (1st Dept 6-26-2012)
7727
Decided on June 26, 2012
The Family Court erred in finding that petitioner, the child's paternal grandmother, who lives in the State of Georgia, does not have standing based on equitable circumstances to seek visitation (see Domestic Relations Law § 72(1); Emanuel S. v Joseph E., 78 NY2d 178, 180 [1991]). The record establishes that although petitioner's relationship with the subject child became sporadic after he turned two years old, when the relationship between the child's parents deteriorated, petitioner traveled to New ... The acrimonious nature of the relationship between petitioner and respondent is an insufficient basis upon which to determine that visitation is not in the child's best interest (see e.g. E.S. v P.D., 8 NY3d 150, 157 [2007]; Matter of Weis v Rivera, 29 AD3d 812, 813[2006]). Page 2 Since more than a...
family court - family court
ALLEN v. MATTINGLY, 11-1613-cv (2nd Cir. 6-21-2012)
No. 11-1613-cv.
June 21, 2012.
"We review dismissal of a cause of action under Fed. R. Civ. P. 12(b)(1) or 12(b)(6) de novo." Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Dismissal of a case for lack of subject matter jurisdiction under Rule 12(b)(1) is proper "when the district court lacks the statutory or constitutional power to adjudicate it." Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000). To survive a Rule 12(b)(6) motion to dismiss, the complaint must plead "enough facts to state a claim ... We reject Allen's argument that the district court erred when it dismissed her action without first permitting her to remove an ongoing proceeding in the Queens County Family Court relating to the custody of her child. Documents attached to Allen's February 2011 notice of removal demonstrate that the ...
equitable distribution - equitable distribution
CUDAR v. CUDAR, 2011-03128 (2d Dept 6-20-2012)
2011-03128
Decided on June 20, 2012
Appeal by the defendant, in a matrimonial action in which the parties were divorced by judgment entered December 21, 2006, as limited by his brief, from so much of an order of the Supreme Court (Barbara Irolla Panepinto, J.), dated March 10, 2011, and entered in Richmond County, as denied those branches of his motion which were, in effect, for a determination that the leasehold constituting the former marital residence is his separate property and for an award of sole possession of the former marital ... OPINION ~amp~ ORDER The principal issue raised on this appeal is whether the subject former marital residence ? a rental apartment subject to rent control ? constitutes either marital or separate property pursuant to the Domestic Relations Law, or neither separate property nor marital property. For the ...
family court - family court
IN THE MATTER OF CYRAIA B. v. CARDUCK B., 2011-08601 (2d Dept 6-20-2012)
2011-08601
Decided on June 20, 2012
DECISION ~amp~ ORDER The Family Court properly determined that the Administration for Children's Services (hereinafter ACS) failed to meet its burden of proving that the father neglected the subject child on the ground of mental illness or domestic violence committed against the child's mother (see Family Ct Act § 1012[f][i][B]). The evidence presented failed to establish a causal connection between the father's mental illness and any impairment or imminent risk of impairment to the child's physical, ...
family court - family court
IN THE MATTER OF KAMAL C., 2011-09130 (2d Dept 6-20-2012)
2011-09130
Decided on June 20, 2012
DECISION ~amp~ ORDER This juvenile delinquency proceeding arises out of an incident in which the complaining witness allegedly was accosted by a group of four boys who attempted to rob him, and was punched by two of them. Approximately three weeks after the incident, during a showup procedure at a police station, the complaining witness identified the respondent as one of the perpetrators. The Presentment Agency conceded that the showup identification should be suppressed at the fact-finding hearing, ... Where a showup identification is shown to be unduly suggestive, an in-court identification by the witness who made the showup identification also must be suppressed unless the prosecution establishes by "clear and convincing evidence" that an in-court identification would be "neither the...
family court - family court
PRUITT v. PATSALOS, 2011-08914 (2d Dept 6-20-2012)
2011-08914
Decided on June 20, 2012
DECISION ~amp~ ORDER To obtain a change of venue pursuant to CPLR 510(2), a movant is required to produce admissible factual evidence demonstrating a strong possibility that an impartial trial cannot be obtained in the county where venue was properly placed (see Matter of Michiel, 48 AD3d 687; Jablonski v Trost, 245 AD2d 338, 339; Albanese v West Nassau Mental Health Ctr., 208 AD2d 665, 666). Under the circumstances of this case, including the evidence demonstrating that the defendant is a retired ...
family court - family court
IN THE MATTER OF JULIAN J. C. v. JUAN C., 2011-04034 (2d Dept 6-20-2012)
2011-04034
Decided on June 20, 2012
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights, the father appeals, as limited by his brief, from so much of an order of fact-finding and disposition of the Family Court, Kings County (Olshansky, J.), dated March 14, 2011, as, after fact-finding and dispositional hearings, determined that his consent to the subject adoption was not required, and transferred the rights of custody and guardianship of the subject child to the New York City Children's Service and the ... DECISION ~amp~ ORDER The Family Court's determination that the father's consent to the adoption of the subject child was not required is supported by clear and convincing evidence (see Matter of Jaden Dasani-Amru B. [Roy Alphonso B.], 74 AD3d 801). The father failed to meet...
family court - family court
PEOPLE v. ELEBY, 1570-1985 (5-18-2012)
No. 1570-1985
May 18, 2012[fn1]
On January 9, 1986, a Kings County petit jury found the defendant guilty of five counts of Murder in the Second Degree, two counts of Attempted Murder in the Second Degree and assorted other charges. On January 30, 1986, the defendant was sentenced to three consecutive terms of twenty-five years to life, one for each of the felony murder convictions, and consecutive terms of imprisonment for his Attempted Murder in the Second Degree and Assault in the Second Degree convictions. The defendant's direct ... In support of his claim that trail attorney failed to provide effective assistance of counsel, based upon her failure to call two potential alibi witnesses at trial, defendant has provided what are purported to be affidavits from two individuals. Yvette Hayes's statement was signed and dated before a notary...
child support - child support
IN THE MATTER OF PHILLIPS v. GIDDINGS, 2011-06446 (2d Dept 6-20-2012)
2011-06446, 2011-06728, No. U-20339-08/10B
Decided on June 20, 2012
In a child support proceeding pursuant to Family Court Act article 4, the father appeals (1), as limited by his brief, from so much of an order of the Family Court, Kings County (Palos, S.M.), dated June 13, 2011, made after a hearing, as determined that he willfully violated a child support order dated March 31, 2009, and recommended that he be incarcerated for a period of six months unless he purged the contempt as directed by the Family Court at the confirmation proceeding, and (2) from an order of ... DECISION ~amp~ ORDER Proof of failure to pay child support as ordered constitutes prima facie evidence of a willful violation of an order of support (see Family Ct Act § 454[3][a]; Matter of Powers v Powers, 86 NY2d 63, 68-69). Once a prima facie...
family court - family court
IN THE MATTER OF MUELLER v. MUELLER, 2011-06779 (2d Dept 6-20-2012)
2011-06779, No. O-18725-10
Decided on June 20, 2012
Here, the Family Court improvidently exercised its discretion in denying the husband's motion, in effect, to enjoin the wife from filing any further petitions pursuant to article 8 of the Family Court Act without prior judicial approval, except by motion or application for judicial action made on notice to the husband. Between 2007 and 2010, the wife obtained six ex parte temporary orders of protection against the husband, and none of the Family Court Act article 8 petitions that the wife filed against ...
family court - family court
IN THE MATTER OF PHILLIPS v. GIDDINGS, 2011-06446 (2d Dept 6-20-2012)
2011-06446, 2011-06728, No. U-20339-08/10B
Decided on June 20, 2012
In a child support proceeding pursuant to Family Court Act article 4, the father appeals (1), as limited by his brief, from so much of an order of the Family Court, Kings County (Palos, S.M.), dated June 13, 2011, made after a hearing, as determined that he willfully violated a child support order dated March 31, 2009, and recommended that he be incarcerated for a period of six months unless he purged the contempt as directed by the Family Court at the confirmation proceeding, and (2) from an order of ... DECISION ~amp~ ORDER Proof of failure to pay child support as ordered constitutes prima facie evidence of a willful violation of an order of support (see Family Ct Act § 454[3][a]; Matter of Powers v Powers, 86 NY2d 63, 68-69). Once a prima facie...
family court - family court
IN THE MATTER OF AARON W. v. SHANNON W., 2010-08501 (2d Dept 6-20-2012)
2010-08501, No. V-06401-07
Decided on June 20, 2012
In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her reply brief, from so much of an order of the Family Court, Orange County (Currier-Woods, J.), dated August 11, 2010, as, after a hearing, granted the father's cross petition to modify a prior order of the same court dated February 24, 2009, which, upon a stipulation of the parties, awarded the parties joint legal and physical custody of the parties' child, so as to award him sole legal and ... DECISION ~amp~ ORDER "An agreement between parents concerning custody will not be set aside unless there is a sufficient change in circumstances since the time of the agreement and unless the modification of the custody agreement is in the best interests of the...
family court - family court
IN THE MATTER OF MILLER v. MILLER, 2010-05642 (2d Dept 6-20-2012)
2010-05642, Nos. V-06091-09, V-06092-09, O-6849-09
Decided on June 20, 2012
Ordered that the appeal by the mother from so much of the order as granted those branches of the father's motions which were for an award of an attorney's fee pursuant to 22 NYCRR 130-1.1 to the extent of directing her attorney to pay the father's attorney the sum of $2,500 is dismissed, as the mother is not aggrieved by that portion of the order (see CPLR 5511; Scopelliti v Town of New Castle, 92 NY2d 944; Matter of Glatzer v Glatzer, 73 AD3d 1173, 1174; Impastato v Impastato, 62 AD3d 752; Mohler v ... DECISION ~amp~ ORDER The court rule set forth in 22 NYCRR 130-1.1,which is intended to limit frivolous and harassing behavior (see Doe v Karpf, 58 AD3d 669, 670), authorizes a court, in its discretion, to award a party in a civil action...
family court - family court
IN THE MATTER OF NORTH v. YEAGLEY, 2010-11617 (2d Dept 6-20-2012)
2010-11617, 2011-00139, Nos. V-942/10, V-943/10, V-944/10, V-945/10
Decided on June 20, 2012
In related child custody proceedings pursuant to Family Court Act article 6, the mother appeals from (1) an order of the Family Court, Orange County (Currier-Woods, J.), dated November 5, 2010, which, after a hearing, inter alia, awarded custody of the subject children to the paternal grandmother, and (2) an order of the same court dated December 10, 2010, which denied her motion to vacate the order dated November 5, 2010, and to reopen the hearing. Contrary to the mother's contention, the Family Court properly determined that the paternal grandmother sustained her burden of demonstrating extraordinary circumstances. The Family Court, which properly considered related decisions in certain neglect proceedings against the mother...
family court - family court
IN THE MATTER OF STARSHA R., 2011-06705 (2d Dept 6-20-2012)
2011-06705, No. D-30579-09
Decided on June 20, 2012
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Freeman, J.), dated June 24, 2011, which, upon a fact-finding order of the same court dated April 21, 2011, made after a hearing, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of attempted assault in the third degree and obstructing governmental administration in the second degree, ... DECISION ~amp~ ORDER Contrary to the appellant's contentions, the Family Court properly determined that there was probable cause for police officers to take the appellant into custody pursuant to Mental Hygiene Law § 9.41 (see generally Bayne v Provost, 2005 WL 1871182, 7,...
family court - family court
IN THE MATTER OF SULTANA v. MALEK, 2011-05894 (2d Dept 6-20-2012)
2011-05894, 2011-05895, Nos. O-19192/09, O-19193/09
Decided on June 20, 2012
In related family offense proceedings pursuant to Family Court Act article 8, Abdul Malek appeals from (1) an order of the Family Court, Kings County (Feldman, J.H.O.), dated May 26, 2011, which, after a hearing, dismissed his petition, and (2) an order of protection of the same court dated June 7, 2011, which, upon a finding that he committed certain family offenses, directed him, inter alia, to stay away from Shahin Sultana for a period up to and including May 25, 2013. DECISION ~amp~ ORDER The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court, whose determination regarding the credibility of witnesses is entitled to deference (see Matter of Harry v Harry, 85 AD3d 790, 790; Family...
equitable distribution - equitable distribution
QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012)
513857
Calendar Date April 20, 2012 Decided on June 21, 2012
MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,...
child support - child support
QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012)
513857
Calendar Date April 20, 2012 Decided on June 21, 2012
MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,...
family court - family court
IN RE ISAIAH C., 8000 (1st Dept 6-21-2012)
8000
Decided on June 21, 2012
Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about August 25, 2011, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of obstructing governmental administration in the second degree and resisting arrest, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs. The fact-finding determination was supported by legally sufficient evidence and was not against the weight of the evidence. When court officers attempted to subdue and arrest appellant's companion following a courtroom disruption, appellant aggressively confronted the officers, approaching them in a belligerent manner with raised...
family court - family court
IN THE MATTER OF XIOMARA D. MADELYN D., 510911 (3d Dept 6-21-2012)
510911
Calendar Date: April 18, 2012 Decided and Entered: June 21, 2012
MEMORANDUM AND ORDER Respondent Madelyn D. (hereinafter the mother) and respondent Direll D. (hereinafter the father) are the married parents of six children, the youngest of whom, Xiomara D. (born 2010), is the subject of this proceeding. Shortly after the youngest child's birth, petitioner removed her from respondents' custody and commenced this neglect proceeding alleging that she was derivatively neglected because respondents had twice been found to have neglected their Page 2 other children in 2008... In July 2010, petitioner moved for summary judgment on its amended neglect petition, relying, in part, on the two prior findings of neglect and requesting Family Court (Charnetsky, J.) to take judicial notice of respondents' testimony at a May...
family court - family court
IN THE MATTER OF VICTOR WW. v. SALMA XX., 513864 (3d Dept 6-21-2012)
513864
Calendar Date: April 16, 2012 Decided on June 21, 2012
Family Court determined that petitioner made the requisite diligent efforts to strengthen and encourage respondent's relationship with her children, but did not prove by clear and convincing evidence that she failed to plan for the children's future for the specified period (see Social Services Law § 384-b [7]; Family Ct Act § 614; Matter of Jyashia RR. [John VV.], 92 AD3d 982, 983 [2012]). This Court accords great deference to such determinations because of the court's opportunity to evaluate the ...
family court - family court
IN THE MATTER OF JEANIYA v. JEAN, 8007 (1st Dept 6-21-2012)
8007
Decided on June 21, 2012
Order, Family Court, Bronx County (Monica Drinane, J.), entered on or about February 23, 2011, which, upon a fact-finding determination that respondent father neglected the subject child, ordered the child released to her mother's custody under twelve months of supervision by petitioner Administration for Children's Services, awarded respondent visitation, and ordered him to complete certain services and not to engage in any further acts of domestic violence in the presence of the child, unanimously ... The finding of neglect was supported by a preponderance of the evidence (see Family Ct Act § 1046[b][I]; Matter of Tammie Z., 66 NY2d 1, 3 [1985]). The record establishes that while in the presence of his then three-year-old daughter, respondent struck the mother in the face during a heated...
family court - family court
IN THE MATTER OF AMEILLIA RR. v. MEGAN SS., 512719 (3d Dept 6-21-2012)
512719
Calendar Date: May 21, 2012 Decided and Entered: June 21, 2012
MEMORANDUM AND ORDER Petitioner commenced this proceeding pursuant to Family Ct Act article 10 alleging that Page 2 respondents Megan SS. (hereinafter the mother) and her live-in partner, Thomas TT., had neglected the mother's child, Ameillia RR. (born in 2008). The petition alleged that the child had sustained bruises and other unexplained injuries while in respondents' sole care. Respondents sought to depose the child's father, Jered RR. (hereinafter the father), and served him with a subpoena duces ... Although intermediate orders from Family Ct Act article 10 abuse and neglect proceedings are appealable as of right (see Family Ct Act § 1112 [a]), for the reasons stated in our prior decision related to this proceeding, we conclude that the...
maintenance and matrimonial - maintenance and matrimonial
QUARTY v. QUARTY, 513857 (3d Dept 6-21-2012)
513857
Calendar Date April 20, 2012 Decided on June 21, 2012
MEMORANDUM AND ORDER Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in September 2000[fn1] and have a daughter (born in 2000). The wife also has a son (born in 1996) from a prior marriage. She has full custody of her son and does not receive support from the child's father. In 2009, the parties each commenced separate actions for divorce, which were subsequently consolidated. In March 2010, they entered into a stipulation in which they resolved, among other things,...
child support - child support
PEOPLE v. FAIRMAN, 23647C2012 (6-12-2012)
23647C2012
Decided on June 12, 2012
In this domestic violence-based prosecution, the Court is faced with a somewhat novel and narrow issue. Does an attorney who was retained by a victim of domestic violence assault to represent the defendant accused of that crime face disqualification due to a potential conflict of interest as well as the possibility of being a witness in the criminal matter? Defendant was arrested on April 19, 2012, at about 12:55 pm, in the confines of the 49th Precinct. The details of the arrest are currently unknown to the Court. Later that day, the complaining witness, who is the mother of defendant's child, came to the complaint room of the Bronx County District Attorney's Office. She signed a felony compliant at eight minutes after midnight on the morning of April 20, 2012. The defendant is charged in the felony compliant with strangulation. (Penal Law § 121.12), as ...
family court - family court
WHITE v. FEE, 57828/11 (6-7-2012)
57828/11
Decided on June 7, 2012
Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?"
family court - family court
PEOPLE v. FAIRMAN, 23647C2012 (6-12-2012)
23647C2012
Decided on June 12, 2012
In this domestic violence-based prosecution, the Court is faced with a somewhat novel and narrow issue. Does an attorney who was retained by a victim of domestic violence assault to represent the defendant accused of that crime face disqualification due to a potential conflict of interest as well as the possibility of being a witness in the criminal matter? Defendant was arrested on April 19, 2012, at about 12:55 pm, in the confines of the 49th Precinct. The details of the arrest are currently unknown to the Court. Later that day, the complaining witness, who is the mother of defendant's child, came to the complaint room of the Bronx County District Attorney's Office. She signed a felony compliant at eight minutes after midnight on the morning of April 20, 2012. The defendant is charged in the felony compliant with strangulation. (Penal Law § 121.12), as ...
family court - family court
TALKER v. TALKER, 105127/11 (6-14-2012)
105127/11
June 14, 2012
DECISION/ORDER Plaintiff commenced the instant action to recover damages stemming from the publication of a book written by defendant in violation of a Final Restraining Order (FRO) against defendant. Defendant now moves pursuant to CPLR § 3211(a)(1), (a)(2), (a)(4), (a)(7) and (a)(8) to dismiss plaintiff's complaint on the grounds that (1) a defense is founded upon documentary evidence; (2) this court lacks subject matter jurisdiction over the instant matter; (3) there is another action pending between... As an initial matter, defendant's motion to dismiss plaintiff's complaint pursuant to CPLR § 3211 (a)(7) and (a)(2) for failure to state a cause of action and lack of subject matter jurisdiction is denied as this court has already denied defendant's motion to dismiss the complaint on those grounds in a decision and...
child support - child support
PEOPLE v. FAIRMAN, 23647C2012 (6-12-2012)
No. 23647C2012
June 12, 2012
In this domestic violence-based prosecution, the Court is faced with a somewhat novel and narrow issue. Does an attorney who was retained by a victim of domestic violence assault to represent the defendant accused of that crime face disqualification due to a potential conflict of interest as well as the possibility of being a witness in the criminal matter? Defendant was arrested on April 19, 2012, at about 12:55 pm, in the confines of the 49th Precinct. The details of the arrest are currently unknown to the Court. Later that day, the complaining witness, who is the mother of defendant's child, came to the complaint room of the Bronx County District Attorney's Office. She signed a felony compliant at eight minutes after midnight on the morning of April 20, 2012. The defendant is charged in the felony compliant with strangulation. (Penal Law § 121.12), as ...
family court - family court
PEOPLE v. FAIRMAN, 23647C2012 (6-12-2012)
No. 23647C2012
June 12, 2012
In this domestic violence-based prosecution, the Court is faced with a somewhat novel and narrow issue. Does an attorney who was retained by a victim of domestic violence assault to represent the defendant accused of that crime face disqualification due to a potential conflict of interest as well as the possibility of being a witness in the criminal matter? Defendant was arrested on April 19, 2012, at about 12:55 pm, in the confines of the 49th Precinct. The details of the arrest are currently unknown to the Court. Later that day, the complaining witness, who is the mother of defendant's child, came to the complaint room of the Bronx County District Attorney's Office. She signed a felony compliant at eight minutes after midnight on the morning of April 20, 2012. The defendant is charged in the felony compliant with strangulation. (Penal Law § 121.12), as ...
equitable distribution - equitable distribution
ZHENG v. CITY OF NEW YORK, 147 (N.Y. 6-D-2012)
No. 147
Decided on June 26, 2012
Plaintiffs claim that the City of New York is contractually obligated to pay rent subsidies to their landlords under the Advantage New York program until expiration of their leases. State and Federal reimbursement for two-thirds of the Advantage program's costs ended on April 1, 2011, causing the City to discontinue it as of that date. Both lower courts found that the City did not intend to enter into enforceable contracts with plaintiffs or their landlords under the Advantage program, and the record ... The City created the Advantage rental assistance program in 2007 to help homeless single adults and families achieve independent living. The Advantage program replaced and was designed to fix unanticipated problems thought to compromise the effectiveness of a predecessor program called Housing Stability...
family court - family court
IN RE WILDA C. v. MIGUEL R., 8018 (1st Dept 6-26-2012)
8018
Decided on June 26, 2012
The Family Court did not dismiss the petition on jurisdictional grounds, but on the merits, and thus, the issue of jurisdiction is not properly before this Court on appeal. While respondent urges that a prior order of the Family Court did rule on the issue and has collateral estoppel effect, the record before this Court is insufficient to make such a determination and the issue should be addressed on remand (see Matter of Richard W. v Maribel G., 78 AD3d 480 [2010]). It is undisputed that full custody was awarded to respondent in March 2009 (see 74 AD3d 631 [2010]). The parties represent that an order of protection was issued the same day directing petitioner to "stay away from [the child] except for court ordered supervised visits after documentation of compliance with mental health treatment," and...
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