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Articles Posted in Divorce

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Stepdaughter Files Claim for Aggravated Harrassment

  The information dated March 28, 1968, charges the crime of Aggravated Harassment in violation of section 240.30, subdivision 2 of the Penal Law. The complaint is made and sworn to by ERG, who is defendant’s step-daughter. Pursuant to the information, a summons for purposes of investigation was issued and…

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Court Looks at Material Issues of Fact in Case

  In this contested probate proceeding, the proponent, MP, moves for an order granting summary judgment pursuant to CPLR 3212, dismissing the objections filed by the objectant, RP, and admitting the propounded instrument to probate. RP opposes the motion on the ground that material issues of fact exist. RP cross-moves…

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Plaintiff Brings a Suit for Declaratory Judgment

  Plaintiffs commenced the within declaratory judgment action seeking a declaration that the emergency rule is null and void, ultra vires and unconstitutional, as a taking of property without just compensation. The complaint also alleges that the rule violated Real Property Law § 226-b which regulates the assignment of leases;…

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Court Decides Permanent Custody of Child Based on Child Abuse Allegations

  The petitioner filed the instant petition seeking an order of child support against the respondent. A hearing was held with respect to the petitioner’s application. The petitioner’s application is denied. On April 1, 2002, the petitioner, Frances W., filed a petition against the respondent, Steven M., seeking support for…

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Petitioner Files Claim to Extend Placement in Foster Home

  This extension of placement proceeding under Section 1055 of the Family Court Act raises questions as to the perimeters of the Family Court’s jurisdiction. MR was born on June 19, 1982. Less than two months later, she was remanded to the Commissioner of Social Services who has had responsibility…

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Court Decides if Case Against Social Services can be a Class Action

  This Article 78 proceeding raises the questions whether (1) the County Commissioner of Social Services has discretion as a matter of policy and without regard to the facts of the particular case to refuse a special grant to an aid to dependent children recipient who claims that she and…

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