This private placement adoption action presents a number of intertwined legal issues that highlight the shortcomings of the private placement adoption statutes in New York State. The infant who is the subject of the case has now been in the home of the petitioners since February 21, 1998 without the…
Articles Posted in Nassau
Matter of Andrea CC v Eric DD
NY Slip Op 07310 October 8, 2015 This is an appeal of the Family Court of Fulton City, which modified a prior custody order. The Petitioner (mother) from Albany County and the Respondent (father) are the parents of a daughter. In 2012, the parties agreed to share custody. The parties…
New York Court Rules that Parental Eavesdropping on Kids is Legal
People v. Badalamenti NY Slip Op 02556 The highest court in New York has held that parents can legally eavesdrop on their children if they believe that it is in their best interests. This ruling by the New York State Supreme Court established an exception to existing wiretapping without consent…
Plaintiff Seeks Permanent Injunction
For a number of years the defendant has operated a junk yard on property located on U.S. Route 20, Town of Nassau in Rensselaer County. Over the years there have been disagreements between the Town and the petitioner with regard to the petitioner’s operation of the junk yard and…
Petitioner Brings Action for Preliminary Injuction
This is an application for a preliminary injunction. The proceeding was commenced by Petitioner by order to show cause and petition seeking a judgment declaring him to be the owner of real property located at Merrick, New York (the Property), or imposing a constructive trust. The order to show…
Defendant Challenges the Legality of a Search
The Defendant is charged with two counts Criminal Possession of a Controlled Substance in the Seventh Degree and Unlawful Fleeing of a Police Officer in the Third Degree, in violation of Penal Law §§ 220.03 and 270.25, respectively, along with Driving While Ability Impaired by Drugs, four counts of…
Court Discusses Case Filed by Nassau County Social Services
This is a Motion by Respondent for an Order pursuant to Section 3212 of the C.P.L.R. dismissing a proceeding filed by the Nassau County Department of Social Services with prejudice on the grounds that Respondent has an absolute defense to the proceeding due to a discharge in bankruptcy of…
Plaintiff seeks a Writ of Mandamus
In this proceeding pursuant to Article 78 of the CPLR, the petitioner seeks a judgment, in the nature of a writ of mandamus, requiring the respondent County Treasurer to permit her to redeem two contiguous parcels of real property which were the subjects of tax lien sales and, upon…
Plaintiff Seeks an Order Annulling Social Security Judgment
This is one of a series of applications numbering between motions and cross motions almost twenty all of which deal with the same aspects of public assistance grants in the category of Aid to Dependent Children. Petitioner seeks an order annulling a determination after fair hearing by Respondent Blum…
Court Discusses Domestic Violence Charges
This case involves domestic violence and a motion to dismiss the indictment and an order transferring all the proceedings herein from the County Court to the Family Court of Nassau County was raised by the defendant. Defendant is charged with assault, second degree. The particular act involved herein arose…