2015 NY Slip Op 04676 The order of the Appellate Division should be reversed and remitted to Family Court. Eleven year old Delroy was involved in a juvenile delinquency hearing that involved assault and attempted assault in the first, second, third degree. These charges arose during an incident with a…
Articles Posted in Nassau County
Family Law Case as a Result of Tragedy
This family case arises out of the death of a decedent on August 25, 2003. Plaintiff, Administrator, husband of the decedent, brings this action for medical and psychiatric malpractice against a hospital and 3 doctors. The medical and psychiatric history of the decedent, a 51 year old married woman at…
Court Grants Father’s Petition to Modify an Order for Visitation
In a related visitation proceedings pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Nassau County, dated November 30, 2012, as, after a hearing, in effect, granted his petition to modify an order of…
Court Rules on Supplemental Needs Trust for Petitioners Son
This is an APPEAL by nonparty Commissioner, New York State Department of Health, in a proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Health dated June 7, 2006, made after an administrative fair hearing, that so much of the income of…
Court Rules on Family Court Act 304 Regarding Detaining Juveniles
In a proceeding pursuant to CPLR article 78 to review a determination of the Director of Employee Relations of the Office of Court Administration, dated July 16, 1984, which denied the petitioners’ out-of-title work grievance, and in which the petitioners also sought declaratory relief, the petitioners appeal from a judgment…
Mother Charged with Truancy for Her Child
On October 2, 2007, New York City Children’s Services (hereinafter NYCCS) filed a petition against respondent mother alleging that her son’s physical, mental or emotional condition had been impaired or was in imminent danger of becoming impaired, as a result of her failure to exercise a minimum degree of…
Respondent’s Placement Lapses at New York State Division of Youth During Proceedings
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…
Plaintiff Brings Case for Interpretation of Real Property Law 451
The following statements of fact were found by the trial court: The defendant United States Cremation Company, Limited, is a domestic stock corporation organized in 1884 under the General Business Law (Consol. Laws, c. 20). Among the powers granted by its certificate of incorporation is the right to cremate…
Father Accused of Sexual Abuse of Four Children
In this case, respondent mother is the mother of the four subject children. The father is the father of these children and a person legally responsible for them, resides in Grenada where the children resided with a maternal aunt and visited with their father until the summer of 2005.…
Petitioner Brings Action to Vacate a Deed or Impress a Constructive Trust
This action to vacate a deed or, in the alternative, impress a constructive trust, was originally commenced by the executor in Supreme Court, Nassau County, and was transferred to this court by order of Hon. Thomas P. Phelan dated October 21, 2005. RM, executor of the estate of MM,…