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,…
Articles Posted in Divorce
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…
Plaintiff Brings Case Regarding Freedom of Information Act
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…
Plaintiff Brings Motion to Renew Prior Motion to Dismiss
In this family case, the Defendants bring this motion seeking to reargue and renew their prior motion to dismiss, pursuant to CPLR §§ 3211 and 327, which resulted in an order of this court denying the motion. The Plaintiff opposes the present motion. Before addressing the substance of the…
Plaintiff Alleges Negligent Care of Individual Who was in Care of the Defendant
This action arises from the defendant’s treatment in 1982 of plaintiff a 36-year-old individual who was born severely mentally retarded and blind. While he was treated by defendant, plaintiff was a resident of an intermediate care facility of the United Cerebral Palsy Association of Nassau, Inc. (hereinafter UCPA). Plaintiff…
Motion Brought By Social Services Request DNA Testing
This is a case where a motion was brought by the Deputy County Attorney’s Office, on behalf of the Nassau County Department of Social Services, seeking to have the Court direct the respondent to submit to DNA testing for the purpose of establishing paternity of the subject child. Both…
Court Weighs in on Reasonable Certainty Standard Regarding Evidence
The instant appeal provides us with an occasion to discuss in detail the “reasonable certainty” evidentiary standard of CPLR 4545 (c) that governs collateral source hearings, as decisional authority on the subject is sparse. During the early morning hours of a rainy January 13, 1995, the plaintiff MK was…
Court Discusses Complex Tax Issue
The decedent a bachelor, died on November 9, 1918, at the age of 75. His only near relatives living at the time of his death were his sister, and her descendants. There were no other kinsmen of nearer relationship than second cousin one degree removed. The decedent stated in…
Plaintiff Files Motion for Intervention and Preliminary Injunction
That upon the following papers numbered 1 to 41 read on these motions for intervention and preliminary injunction; Order to Show Cause and supporting papers 1-10: 11-20 ; Notice of Cross Motion and supporting papers ; Answering Affidavits and supporting papers 21 – 37 ; Replying Affidavits and supporting…