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. That Complainant executed a misdemeanor information on December 8, 1990, alleging…
Articles Posted in Divorce
Court Looks at Terms of Bond Held by Department of Social Services
This is an action by plaintiff, as mortgagor, of her premises at New York for a judicial declaration regarding the terms of a bond and mortgage signed October 28, 1966. Plaintiff alleges in her complaint that the terms of this bond and mortgage should be limited to the amount…
Plaintiff Fails to State a Cause of Action
The motion by defendant Board of Education of the Long Beach School District to dismiss the complaint for failure to state a cause of action is granted. This is a pro se action for educational malpractice and the wrongful bringing of a neglect proceeding in the Family Court. Plaintiff…
Petitioner Files for Divorce Based on Cruel and Inhumane Treatment
The Plaintiff (“Husband “) commenced this action for divorce on November 24, 2008, by filing the Summons with Notice with the Nassau County Clerk. Plaintiff’s Verified Complaint sets forth causes of action for cruel and inhuman treatment, abandonment, and adultery. Defendant (“Wife”) interposed a Verified Answer denying certain allegations,…
Court Rules on Guardianship Proceeding
The petitioner, Delmi Y. (hereinafter referred to as “petitioner”), has filed a petition with this Court requesting that she be appointed as the guardian of her twelve-year-old nephew Orlin C. Y. (hereinafter referred to as “minor child”). The attorney for the minor child joins in the petitioner’s application and…
Plaintiff Asks Court for Order for Protection for her Three Children
On October 15, 1993, this Court issued a permanent order of protection directing the defendant to stay away from the complainant and to refrain from attempting to contact her. The People now move for an order amending the order of protection to include the complainant’s three children, two of…
Plaintiff Brings Lawsuit over Eight Years of Attorneys Fees
This Civil Court action involves a dispute over legal fees that span a period of nearly eight (8) years. The deterioration of the attorney-client relationship and the legal action that ensue, often reveal acts and omissions by both parties that requires judicial intervention and scrutiny. The particulars of this…
Court Rules on Petitioner’s Request for Tax Exempt Status
The issue here is whether renewal applications for four properties located in the Village of Freeport, Nassau County, are entitled to tax exemption pursuant to Real Property Tax Law § 462. We affirm the order of the Appellate Division holding that the properties are tax exempt. On September 24,…
Plaintiff Brings Case Regarding Collateral Estoppel
The defendants contend the doctrine of collateral estoppel is applicable and would warrant a dismissal of these proceedings. On or about June 22, 1969, five youths were arraigned upon a complaint in the First District Court, Nassau County, New York, charged with violation of New York State Penal Law…
Court Listens to Case to Terminate Parental Rights
In a child neglect proceeding pursuant to Family Court Act article 10, and a related proceeding pursuant to Social Services Law § 384–b to terminate parental rights, the mother appeals from (1) an order of the Family Court, Nassau County, dated December 18, 2009, and (2) an order of…