This is a hybrid proceeding and action for damages by the petitioner as general partner of a Family Limited Partnership “the petitioner” for stated relief pursuant to Real Property Tax Law Article 7 and/or a writ of mandamus pursuant to CPLR Article 78 compelling the respondent Nassau County Board…
Articles Posted in Divorce
Court Discusses Child’s Eligibility for State Assistance Programs
Under the Federal public assistance program called Aid to Families with Dependent Children (AFDC), family income is considered in determining a child’s eligibility for relief. All of a natural father’s income is typically deemed available to his child, but the situation is more complicated where stepfathers are found. The…
Court Discusses Outcome of Juvenile Hearing
The respondent has moved to vacate this Court’s order dated February 21, 2007 which, upon his consent, extends his placement with the New York State Office of Children and Family Services (“OCFS”) as a juvenile delinquent for twelve months and directs that OCFS continue respondent’s present placement with L…
Court Decides of License for Foster Care Should be Revoked
An application pursuant to CPLR Article 78 by petitioners PJB and VJB to, inter alia, annul the determination of respondent SCO Family of Services (SCO) dated May 6, 2010, which concluded that petitioners’ residence located at 419 Pine Place, Uniondale, New York could no longer be maintained as a foster…
Plaintiff Asks Court for Leave to Serve Defendant via Publication
In February 1971, plaintiff made application to this Court for leave to serve the defendant by publication and for permission to proceed as a poor person. Though service was made on the County of Nassau, they neither appeared nor opposed the application. By decision dated February 17, 1972, this…
Court Listens to Case Dealing with Judicial Economy
This personal injury action, stemming from a multi-vehicle collision, raises interesting issues regarding consolidation, venue, comity, judicial economy, the avoidance of forum shopping, and a seeming conflict between the “first-in-time rule” and the convenience of material witnesses where actions have been filed in two or more counties concerning the…
Court Discusses Family Succession Rights
The petitioner commenced this proceeding pursuant to Article 78 of the CPLR to review a determination of the respondent, City of New York, Department of Housing Preservation and Development (hereafter referred to as “HPD”), which purported to deny Petitioner’s appeal for family succession rights pursuant to 28 RCNY§3-02(p) concerning…
Petitioners Claim Previous Court Determinations Were Arbitrary and Capricious
In this proceeding was instituted pursuant to Article 78 of the CPLR by Mr. and Mrs. Banks, public assistance recipients, compelling Respondents to pay the balance owed by the Banks for the installation of a heating system in their home. Mrs. Banks is the fee owner of the home…
Petitioners Seek to Renew a Motion to Dismiss
Upon the foregoing papers, petitioners individually, as preliminary executor of the estate of the decedent and as the vested beneficial owner of shares of the respondent 4C Foods Corp. held by certain trusts, moves for an order: (1) pursuant to CPLR 2221 granting leave to renew respondent’s motion to…
Court Considers Summary Judgment Where There is No Issue of Material Fact
This motion arises out of an underlying personal injury action, filed in this Court in June 2009, wherein the plaintiff alleged violations under Labor Law §§240 and 241. Plaintiff fell from a ladder while performing construction work on the improved real property owned by defendants. Plaintiff is alleging that…