Upon this Writ of Habeas Corpus, petitioner Elizabeth Stuart Calvert, the Law Guardian of Relator, seeks his release upon the grounds that Family Court Judge improperly adjourned the dispositional hearing beyond the total twenty (20) day period authorized for “good cause” under FCA § 350.1, subd. 5. A New York…
Articles Posted in Nassau
Complaining Witnesses Seeks to Recant Testimony in Domestic Violence Dispute
The case involves a repetitive issue concerning domestic violence. A New York Family Lawyer said the complaining witness/victim of domestic violence wishes to recant her testimony. The recantations are the product of many imperatives, not all of which serve the interests of the victim or justice. Defendant moved for an…
Wife Seeks Dissolution Based on Cruel and Inhuman Punishment
The husband, age 59 at the time of trial, first came to the United States. He became a member of the Excavators Union. While he was in Italy for approximately eight months, he married his defendant wife. A New York Family Lawyer said they moved into a four room house…
Court Decides Custody in Light of Molestation Allegations
Two petitions were filed by the Administration for Children’s Services (ACS) in May 2010 on behalf of three-year-old child, and five-year-old daughters of Respondent. The petition on behalf of five-year-old also named the child’s mother, as co-respondent, and the petition on behalf of three-year-old child named her mother, as co-respondent.…
Court Decides Guardianship Proceeding
In this guardianship proceeding, respondent, an alleged incapacitated person (AIP), commenced the instant Art. 81 proceeding, via a self-petition, seeking to have a guardian appointed to manage his personal needs and his property. In his self-petition, respondent nominated his neighbor as his guardian. A New York Family Lawyer said that…
In Sad Case, Mother of Child Accused of Abuse and Neglect
An institution moved to request a decision without proceeding with regards to the child neglect proceeding. The institution requested the court to enter a finding of derivative neglect against the mother of the child based on the court’s prior finding of neglect as to her older child. Consequently, a New…
Court Decides Adoption of a Minor
An Order of Disposition by Family Court of Bronx County was entered and adjudicated the appellant, a juvenile delinquent upon his admission in Westchester County Family Court. A New York Family Lawyer said he admitted that he committed an act that, if committed by an adult, would constitute the crime…
Maternal Aunt Seeks to Adopt Child
A New York Family Lawyer said that, in this adoption proceeding pursuant to Article 7 of the Domestic Relations Law, authorized child care agency (Agency), by motion filed June 30, 2011, moves the court to dismiss the private-placement adoption petition filed by pursuant to Domestic Relations Law § 115. Petitioner…
Court Determines Whether Legal Guardians Acted in Good Faith
Sometime in August 1987, a child (the subject child) who was then 5 years of age was brought by her mother, the plaintiff, to a certain hospital with complaints of constipation and occasional bloody stools. Defendant A, a doctor, examined her in the presence of another doctor, B, and suspected…
Court Determines if Subpoenas Were Defective
In an action by the guardian of the person and property of an incompetent (ward), the founder and former president and chief executive officer of defendant and third-party plaintiff, a not-for-profit corporation formed in 1968 to deliver various health-related and other services to the poor in the South Bronx. A…