2017 Slip Op 01676 Decision This is an appeal, filed in Queens County, by the plaintiff from an Order to Show Cause. The OSC granted the defendants application to restrain the plaintiff from transferring their minor child from a school in Queens to a school in Nassau County. The court…
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…
January 22, 2016 Attorney for Petitioner was Maria V. De La Cruz of Jamaica. The attorney for the defendant was Heather Lothrop of Kew Gardens. The respondent Sandy C. filed for an Order Compelling the Petitioner, Carlos L., to serve a bill of particulars, which is granted (Civil Practice Law…
Slip Op 07087 October 27, 2017 This is regarding an order for disposition regarding four children, entered on August 2014, and brings up an issue of a fact-finding order. It was concluded that the father (respondent) had neglected the children, which was affirmed. The order was affirmed to the degree…
April 26, 2016 The biological mother (petitioner) Beverly L. surrendered her parental rights of her 2 daughters Kendall and Brooke, and her son Zachary. She signed a Judicial Conditional Surrender reserving the right to visit her children and has done so many times. The mother filed 2 different orders to…
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…
S.L. v J.R. NY Slip Op 04442 June 9, 2016 This case discusses whether the Supreme Court made a proper custody ruling without calling for a plenary hearing. SL filed for divorce against JR seeking full custody of the children after 15 years of marriage. The father filed an Order…
This case calls upon the Appellate Court to consider the validity of a rule that was decided 25 years ago, in the Matter of Alison D. (77 NY2d 651 [1991]). In this case, an unmarried same-sex couple questioned the rights of responsibilities of having a child, in light of the…
This case calls on the court to assess the continued fairness of a rule discussed originally in a case known as the Matter of Alison D in Virginia (77 NY 2d 651 [1991]/ Where an unmarried couple has a child, and one partner doesn’t have a biological connection to the…
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…