This is a hybrid proceeding for relief under the Freedom of Information Law (“FOIL”), set forth in Article 6 of the Public Officers Law,§§ 84-90, and for related declaratory and mandamus relief. Petitioner/plaintiff asserts that the respondent/defendant Nassau County Police Department (“NCPD” or “respondent”) has violated FOIL by consistently…
Articles Posted in Brooklyn
Court Discusses Complex Tax Issue
The decedent a bachelor, died on November 9, 1918, at the age of 75. His only near relatives living at the time of his death were his sister, and her descendants. There were no other kinsmen of nearer relationship than second cousin one degree removed. The decedent stated in…
Petitioners Contend with Complicated Adoption
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…
Plaintiff Contends that Defendant is in Contempt of Court
This is a motion by the plaintiff (hereafter wife) for an order 1) adjudging the defendant (hereafter husband) in contempt; 2) enforcing the parties’ judgment of divorce; 3) granting her a money judgment for accrued arrears; 4) awarding her counsel fees; 5) awarding her costs (damages) incurred as a…
Administrator of Children’s Services Brings Suit Regarding Placement of Child
In this proceeding under Family Court Act article 10, the New York City Corporation Counsel, on behalf of the Administration for Children’s Services, seeks leave of the court to allow the respondent’s placement with the Commissioner of Social Services [CSS] to lapse, in light of the respondent’s placement with…
Petitioner Claims that Jurisdiction is Fatally Defective
The respondent appears specially, by counsel, contesting the jurisdiction of this court on the ground that the petition is fatally defective, in that it is made wholly on information and belief. The petition charges the respondent with being a juvenile delinquent in that he committed certain acts in violation…
Interesting Case Regarding Invitro Fertilization
The instant case presents this court with issues of first impression in New York regarding the status and ultimate disposition of fertilized human ova that are the product of an in vitro fertilization (hereinafter IVF) procedure in which one of the prospective parents no longer wishes to participate. Although…
Court Review Social Service Law
This termination of parental rights (TPR) proceeding was brought pursuant to Social Service Law (SSL) section 384–b by Petitioner against respondent in connection to her child, age four. The petition, filed August 24, 2009, seeks to terminate the parental rights of RM on the grounds of mental illness.1 The…
Defendant Contends The Court Has Insufficient Evidence
On July 1, 2005, after spending several hours in a bar in Manhattan, at which he consumed at least six beers, the defendant attended a friend’s party in Merrick in Nassau County. He arrived at the party, which consisted of a small gathering of his friends, between 11 P.M.…
Patient Files Assistance Denial
I. Matter of St. Francis hospital, as attorney-in-fact for JL. For approximately two weeks in May, 1977, JL was a patient at St. Francis Hospital. He incurred a bill of $4,794.90 and applied for medical assistance. The Nassau County Department of Social Services, however, declared him ineligible and his…