The petitioner and respondent are the parents of a nine (9) year old child. The parties obtained a judgment of divorce in New Jersey on June 13, 2003 and, on consent, were awarded an order of joint legal custody for the child. The father filed a violation petition and a…
Articles Posted in Custody
Court Decides if Attorney Should be Removed from Case
A notice of Motion/Order to Show Cause/ Petition/Cross Motion and This court is called upon to determine (1) whether the attorney for the defendant’s application to be relieved as attorney of record should be granted; (2) if the defendant’s applications brought pro se while still represented by counsel are properly…
Mother Revokes her Consent to Adoption
The mother of the infant in this adoption proceeding commenced a writ of habeas corpus in Nassau County Supreme Court by a petition dated May 10, 1976 and returnable May 26, 1976. The Supreme Court, on the consent of all parties, treated the habeas corpus as an application by the…
Court Discusses Religious Preferences in Case
This action is based on allegations that the autopsy performed on the body of claimant’s son and a State prison inmate at the time of his death, was performed in violation of Public Health Law § 4210-c, a statute protecting those who have religious objections to autopsy or dissection. Defendant…
Plaintiff Moves for Motion to Dismiss for Failure to File Timely Complaint
The defendant moves by order to show cause for the following relief: for an order pursuant to CPLR §§ 327 and 3012(b) as follows: a) granting defendant dismissal of this action by virtue of the plaintiff’s failure to timely serve a complaint; b) granting defendant a dismissal of this…
Court Decides How Certain Taxes Should Be Paid
On December 28, 1992, executed a will that made specific bequests to his wife, son and other family members. The will also left $16,500 to three charities and created a trust for the benefit of his wife and son. On December 17, 1997, the testator executed a trust that,…
Plaintiff Brings Motion to Dismiss Initial Complaint
The motion of the defendants, RM and KM, by counsel, to dismiss the Summons & Information before the Court is determined as hereinafter provided. The defendants, RM and KM, are the owners in fee of a residential home located at 88 Liberty Boulevard, within the Incorporated Village of Valley…
Court Looks at Issue Regarding Personal Jurisdiction
This is a proceeding for support pursuant to Article 4 of the Family Court Act. The clerk of the court mailed a summons to the respondent, directing him to appear for a hearing. No attempt at personal or substituted service was made prior to the mailing of the summons. The…
Petitioner Challenges NY Financing Methods of Public Schools
Within the framework of this litigation are found dual challenges to New York’s method of financing elementary and secondary public school education. Proceeding upon separate but related theories, two groups of plaintiffs each seek a judgment declaring that such method of educational financing violates provisions of the federal and…
Petitioner Seeks Resolution Regardng Time Table for Election Law Cases
It is well recognized that the time table for Election Law cases is extremely tight. Election proceedings have a preference over civil and criminal matters and thus the rules with regard to service are modified to reflect a method of service reasonably calculated to complete service in a timely fashion,…