The parties are Sunni Muslim and the marriage was arranged between the families. On 18 June 1998, the parties got married at a civil ceremony in New York, and on 10 July 1998, the religious ceremony was performed. Thereafter, within 48 hours after the religious ceremony, defendant-wife left the marital…
Articles Posted in Nassau County
Court Decides if Juvenile is entitled to Habeas Corpus Relief
Upon this Writ of Habeas Corpus, petitioner Elizabeth Stuart Calvert, the Law Guardian of Relator, seeks his release upon the grounds that Family Court Judge improperly adjourned the dispositional hearing beyond the total twenty (20) day period authorized for “good cause” under FCA § 350.1, subd. 5. A New York…
Complaining Witnesses Seeks to Recant Testimony in Domestic Violence Dispute
The case involves a repetitive issue concerning domestic violence. A New York Family Lawyer said the complaining witness/victim of domestic violence wishes to recant her testimony. The recantations are the product of many imperatives, not all of which serve the interests of the victim or justice. Defendant moved for an…
Wife Seeks Dissolution Based on Cruel and Inhuman Punishment
The husband, age 59 at the time of trial, first came to the United States. He became a member of the Excavators Union. While he was in Italy for approximately eight months, he married his defendant wife. A New York Family Lawyer said they moved into a four room house…
Court Decides Guardianship Proceeding
In this guardianship proceeding, respondent, an alleged incapacitated person (AIP), commenced the instant Art. 81 proceeding, via a self-petition, seeking to have a guardian appointed to manage his personal needs and his property. In his self-petition, respondent nominated his neighbor as his guardian. A New York Family Lawyer said that…
Court Overturns Order for Protection
Petitioner filed a family offense petition in wherein she alleged in pertinent part that respondent physically assaulted her on numerous occasions and threatened to shoot her. A New York Family Lawyer said although served with a copy of the summons and petition, respondent did not appear on the return date…
Court Determines Whether Legal Guardians Acted in Good Faith
Sometime in August 1987, a child (the subject child) who was then 5 years of age was brought by her mother, the plaintiff, to a certain hospital with complaints of constipation and occasional bloody stools. Defendant A, a doctor, examined her in the presence of another doctor, B, and suspected…
Court Determines if Subpoenas Were Defective
In an action by the guardian of the person and property of an incompetent (ward), the founder and former president and chief executive officer of defendant and third-party plaintiff, a not-for-profit corporation formed in 1968 to deliver various health-related and other services to the poor in the South Bronx. A…
Court Determines Neglect within Meaning of Family Court Act
On March 12, 1996, the accused mother brought her two-year-old daughter to North Central Bronx Hospital for a neurological examination and psychiatric evaluation on the recommendation of her pediatrician. The child suffered from febrile seizures, frequent ear infections and pica, an eating disorder involving ingestion of nonfood such as paint…
Court Hears Case Regarding Professional Misconduct of Legal Counsel
The petition contains 10 charges of professional misconduct against the accused counsel. After a hearing, the Special Referee sustained all 10 charges. The Grievance Committee moved to confirm the Special Referee’s report. A New York Family Lawyer said in response to the Grievance Committee’s motion, the accused counsel submits that,…