In this family case, defendant moves this Court for an order, pursuant to Criminal Procedure Law § 170.30(1)(f), dismissing the charge of Assault in the Third Degree on the grounds that there exists a legal impediment to conviction. The Complainant executed a misdemeanor information on December 8, 1990, alleging that…
Articles Posted in Long Island
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…
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…
Judge Decides Case Where Child is Hurt at a Family Camp Out
This is a family case brought about during a school camping, then nine-year old child, sustained personal injuries at the Park while playing tag with some 15 fellow campers. The campers were waiting to be picked up at the conclusion of the camp day and were playing tag, as they…
Petition Alleges that Mother Unjustly Receives Public Assistance
This Article 78 proceeding raises the questions whether (1) the County Commissioner of Social Services has discretion as a matter of policy and without regard to the facts of the particular case to refuse a special grant to an aid to dependent children recipient who claims that she and…
Husband and Wife Dispute Separate Property
The petitioner and respondent were married on September 26, 1996, and were living together, with their children, in the marital residence located at 245 Hallman Avenue, Oceanside, New York 11572. A divorce proceeding was brought 8 years later in 2004, and the divorce was finalized by a judgment of…
Plaintiff Seeks Permanent Injunction
For a number of years the defendant has operated a junk yard on property located on U.S. Route 20, Town of Nassau in Rensselaer County. Over the years there have been disagreements between the Town and the petitioner with regard to the petitioner’s operation of the junk yard and…
Petitioner Requests That Court Appointed Attorney Be Relieved of Duties
The matter currently before the Court is a motion by the petitioner to have the Court appointed attorney for the child relieved of her duties. The petitioner brought the motion pro se. The subject child of the motion, was appointed law guardian for the child and submitted an affirmation…
Defendant Seeks TRO to Prevent Plaintiff From Filing Retirement Documents
This is a family case wherein, the plaintiff, by way of Order to Show Cause, obtained a Temporary Restraining Order, (TRO), restraining and enjoining the defendants and their officers, agents, servants and employees, from filing or causing to be filed, any retirement papers for the plaintiff, and from acting…
Court Rules on Case Regarding Child Neglect
In a proceeding pursuant to article 6 of the Family Court Act, to adjudicate SX a permanently neglected child, and to commit him to the custody and guardianship of the Commissioner of the Nassau County Department of Social Services (DSS), the natural mother, MY, appeals from an order of…