In a matrimonial action in which the parties were divorced by a judgment, the defendant former husband appeals (1) as limited by his brief, from so much of an order of the Supreme Court, Suffolk County, as, after a hearing, and upon a prior order of the same court, entered,…
Articles Posted in Nassau
Court Decides Subject Matter Jurisdiction Issue in Custody Hearing
There are two cases before the court for determination. A New York Family Lawyer said that on or about 30 November 2009, the Family Court of New York County, upon a denial of the respondent mother’s application to dismiss the neglect petition pursuant to Family Court Act § 1051(c) and…
Petitioner Seeks Revision of Visitation Schedule
A New York Family Lawyer said that on 2 August 1999, this proceeding was commenced by the filing of an order to show cause. The petitioner is seeking a modification of a custodial visitation schedule established as a result of a stipulation of settlement subsequently incorporated but not merged into…
Petitioner Claims Respondent is in Contempt of Visitation Order
Petitioner A and Respondent B, residents of the State of Indiana, separated in July 2000. A seeks custody of C, their sixteen year old child. B moved to Illinois after the separation while A and C and their other children continued to reside in Indiana. A New York Family Lawyer…
Court Decides Equitable Distribution, Maintenance and Support
Defendant wife is now 52 years of age while plaintiff-husband is 56 years of age. A New York Family Lawyer sometime in August 1973, the parties got married. On the date of their marriage, the husband was 22 years of age and a college graduate while the wife was 18…
Court Decides of Release of Firearms Appropriate
This matter has had a convoluted history and presents a legislative “glitch.” A New York Family Lawyer said that during a contested divorce proceeding, the Family Court issued, inter alia, a temporary order of protection dated April 26, 2001. At the time the order was issued, both parties appeared before…
Court Hears Domestic Violence Case
In this assault case, the complainant and the defendant dated periodically for a period of time encompassing the past 13 years. A New York Family Lawyer said the instant charge stems when the defendant is alleged to have picked up the complainant, thrown her over a couch, pushed her to…
Court Hears Petition Regarding Allegations of Mother’s Neglect
The order appealed from is unanimously reversed on the law without costs, the petition is granted and the matter is remitted to Family Court for further proceedings in accordance with the Memorandum that Family Court erred in determining that the petitioner mother failed to prove by a preponderance of the…
Petitioner Seeks to Remove Order of Protection Against Him
Petitioner is charged with a family offense involving his two preteen sons. At the arraignment, held at the First District Court on April 3, 2009, a temporary stay away order of protection (TOP) was issued against him, pursuant to Criminal Procedure Law. The TOP had an expiration date of April…
Couple Seeks Dissolution After Arranged Marriage
The parties are Sunni Muslim and the marriage was arranged between the families. On 18 June 1998, the parties got married at a civil ceremony in New York, and on 10 July 1998, the religious ceremony was performed. Thereafter, within 48 hours after the religious ceremony, defendant-wife left the marital…