Mr. NK, respondent in a Family Court proceeding, petitions for a judgment under Article 78 of the CPLR prohibiting the Judges of the Family Court, of Nassau County, or any of them, from proceeding with a hearing on a complaint under Article 8 of the Family Court Act made by…
Articles Posted in Divorce
Court Hears Disturbing Neglect Proceeding
In a neglect proceeding pursuant to Family Court Act. Article 10, the maternal grandmother appeals from an order of the Family Court, Kings County, dated April 7, 2009, which suspended her visitation with the subject child and directed the Administration for Children’s Services to instruct the subject child’s school not…
Mother Moves for Custody of Three of Her Children
Legal counsel said that recitation, as required by CPLR 2219(a), of the papers considered in the review of the cross motion of the Attorney for the Children seeking, inter alia an order granting the mother temporary child custody of the parties’ three younger children, and directing that the transcripts of…
CPLR 321 Covers Removal of Attorneys of Record in Family Law Proceedings
A notice of Motion/Order to Show Cause/ Petition/Cross Motion and This court is called upon to determine (1) whether the attorney for the defendant’s application to be relieved as attorney of record should be granted; (2) if the defendant’s applications brought pro se while still represented by counsel are properly…
Family Law Case as a Result of Tragedy
This family case arises out of the death of a decedent on August 25, 2003. Plaintiff, Administrator, husband of the decedent, brings this action for medical and psychiatric malpractice against a hospital and 3 doctors. The medical and psychiatric history of the decedent, a 51 year old married woman at…
Father Seeks Full Custody of Children
This is a contested matrimonial action before the Supreme Court of the State of New York. On 6 January 2010, the plaintiff, the husband moved by order to show cause and prayed for an order directing the return of their two children, A, age 7, and M, age 4, to…
Court Decides Whether to Relieve the Attorney of Record in the Case
This was a case before the Supreme Court of the State of New York in Kings County. It involved a Notice of Motion, Order to Show Cause, Petition and Cross Motion where the court was called upon to determine (1) whether the attorney for the defendant’s application to be relieved…
Court Decides Case Regarding Grandparent Visitation
This is an appeal brought before the Supreme Court on the issue of whether Domestic Relations Law § 72, New York’s grandparental visitation statute, is unconstitutional on its face in light of the decision of the United States Supreme Court in Troxel v Granville (530 US 57). The court granted…
Social Services Seeks to Terminate Parental Rights of Father
This is a proceeding pursuant to Social Services Law § 384-b to terminate parental rights of the natural father. The petitioner, Little Flower Children’s Services, appealed from an order of the Family Court, Kings County dated 22 September 1993, which dismissed the petition. The court affirmed the order, without costs…
Plaintiff Wife Obtained Temporary Restraining Order for Violent Attack by Husband
A couple was married on August 21, 1975. They had two children from that marriage. K born July 16, 1976 (13) and A born June 25, 1978 (11). Mr. H and Mrs. C were divorced on April 3, 1985 and both children presently reside with their natural mother, respondent, Mrs.…