In a proceeding under article 78 of the former Civil Practice Act, against the respondents, the People, the District Attorney and the County Court of Nassau County, petitioner appeals from an order of the Supreme Court, Nassau County, dated March 14, 1963, which dismissed the petition (see opinion 38…
Articles Posted in Divorce
Court Discusses Attorney Confidential Privledge
In a case that is one of first impression, this court is confronted with two novel questions: does the attorney confidential privilege survive the death of the client? And, if indeed the privilege does survive, under what circumstances, if any, may the court pierce through the veil of confidentiality?…
Petitioner Files Suit Against Society for the Prevention of Cruelty to Children
The Attorney General brings this action under the Not-for-Profit Corporation Law (“NPCL”) and Article 8 of the Estates, Powers and Trusts Law to obtain injunctive relief against respondent Long Island Society for the Prevention of Cruelty to Children (“LISPCC”) and its officers and directors. The Long Island SPCC was…
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,…
Plaintiff Brings Motion to Dismiss Initial Complaint
The motion of the defendants, RM and KM, by counsel, to dismiss the Summons & Information before the Court is determined as hereinafter provided. The defendants, RM and KM, are the owners in fee of a residential home located at 88 Liberty Boulevard, within the Incorporated Village of Valley…
Wife Brings Supreme Court Action Declaring Divorce Judgment Void
In two matrimonial actions, the husband appeals from (1) an order of the Supreme Court, Westchester County, entered January 31, 1989, in Action No. 1, which directed a joint trial of the actions in Westchester County and granted the wife leave to enter a money judgment in the sum…
Court Hears Case Regarding Domestic Relations Law
This court has before it objections to the decision and order of Hearing Examiner Miklitsch dated April 4, 1994. The petitioner, represented by the County Attorney of Rockland County, objects to the dismissal of her petition brought under Article 3-A of the Domestic Relations Law which sought enforcement of a…
Petitioner Contends that Nassau County Police Violated Freedom Information Laws
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…
Petitoner Files Regarding Juvenile Delinquency Matter
In this family case, Respondent moves this Court by way of Notice of Motion to with draw his admission with respect to this juvenile delinquency matter; and assuming that that part of the motion is granted, to restore the original petition “as it existed at the time of the…
Respondent Claims Petition is Fatally Defective, Made Wholly on Information and Belief
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…