In this case, a New York Family Lawyer said the appellant is the mother of the three children who are the subjects of these neglect proceedings. In the early morning hours in February 2009, the children, then aged six years, four years, and nine months, respectively, were found by a…
Articles Posted in Staten Island
Court Reviews Unusual Case Regarding Suspected Poisoning of Decedent
In this case, the defendant stands convicted of murder in the first degree upon an indictment which charges that the defendant willfully, feloniously and of malice aforethought poisoned the deceased, by giving and administered to her a quantity of poison, to wit, strychnine, and as a result of said poisoning…
Court Decides a Case Involving Double Jeopardy
A New York Family Lawyer said that, in this Article 78 proceeding the petitioner, a boy 15 years of age, seeks an order prohibiting the respondent, Judges of the Family Court of the County of Kings, from re-conducting a fact-finding hearing upon the ground that to do so would place…
Court Listens to Habeas Corpus Proceeding
In a family related case, a habeas corpus proceeding with respect to custody of petitioner’s eight-year-old son, the appeal is from an order of the Family Court, Kings County, A prior interim order had been made by the Supreme Court, Kings County, referring the proceeding to the Family Court and…
Wife Seeks Sanctions Against Husband for Frivolous Behavior
A New York Familly Lawyer said the couple was married and has seven children, one of whom is emancipated. The respondent husband, a physician, incorporated his successful plastic surgery practice as a subchapter corporation, for which he is the sole shareholder. The couple separated and a temporary order of custody…
Court Discusses Doctrine of Equitable Estoppel
A New York Family Lawyer said the court has before it the petitioner’s objections to the order of Support Magistrate, dated March 7, 2007, dismissing the petition filed herein. A New York Child Support Lawyer said that, pursuant to the Uniform Interstate Family Support Act (Family Court Act Article 5-B),…
Foster Mother Moves for Custody
The child of herein parties was born in 1995, with a positive toxicology for cocaine. He was removed from his mother’s custody shortly after birth. Her parental rights were eventually terminated, as were the father’s in 1999. A New York Family Lawyer said both parents’ terminations were based on permanent…
Court Discusses Statutory Duties of Law Guardian
In this Order of protection case, the Law Guardian was relieved and new counsel assigned to represent the child’s interests. Respondent mother’s counsel asserts that during the fact-finding hearing, while the caseworker for the Administration for Children’s Services was testifying, the Law Guardian read a People/Us magazine under her desk…
Court Discusses Dual Representation Issue
Plaintiff A is the court appointed article 81 financial guardian for B. He is also the co-trustee of the B Family Trust. A New York Family Lawyer said these appointments were made only after the original action was brought. A has now interposed a third amended complaint on behalf of…
Court Decides Case for Contempt of Court for Failure to Pay Child Support
A New York Family Lawyer said in a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County, dated November 4, 1999, which, in effect, confirmed a determination of the same court, dated September 13, 1999, that he…