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Articles Posted in Westchester County

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Respondent Claims Petition is Fatally Defective, Made Wholly on Information and Belief

  The respondent appears specially, by counsel, contesting the jurisdiction of this court on the ground that the petition is fatally defective, in that it is made wholly on information and belief. The petition charges the respondent with being a juvenile delinquent in that he committed certain acts in violation…

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Plaintiff Alleges Former Husband Comitted 3d Degree Assault

  In this family case, defendant moves this Court for an order, pursuant to Criminal Procedure Law § 170.30(1)(f), dismissing the charge of Assault in the Third Degree on the grounds that there exists a legal impediment to conviction. That Complainant executed a misdemeanor information on December 8, 1990, alleging…

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Court Rules on Guardianship Proceeding

  The petitioner, Delmi Y. (hereinafter referred to as “petitioner”), has filed a petition with this Court requesting that she be appointed as the guardian of her twelve-year-old nephew Orlin C. Y. (hereinafter referred to as “minor child”). The attorney for the minor child joins in the petitioner’s application and…

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Court Rules on Petitioner’s Request for Tax Exempt Status

  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,…

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Respondent Contends Evidence Used Against Him was Incorrect

  This is an appeal by defendant from: (1) a judgment of the County Court, Nassau County, rendered August 15, 1963 after a jury trial, convicting him of (felony) murder in the first degree, murder in the second degree, robbery in the first degree, and of grand larceny and assault…

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Petitioner Moves for Order Granting Judgment

In this proceeding, petitioner moves pursuant to CPLR 3212 for an order granting summary judgment: (1) converting the QTIP trust to a unitrust; (2) compelling the sale of the family business interests for fair market value; (3) removing the decedent’s sister as co-trustee and requiring her to file her account;…

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Court Discusses Condemnation Proceedings

  In condemnation proceedings, claimant appeals, as limited by its brief and on the ground of inadequacy, from so much of a partial final decree of the Supreme Court, Nassau County, dated May 2, 1979, as awarded compensation for the improvements on the condemned realty. In 1954, appellant leased some…

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Father Appeals Custody Hearing Awarding Custody to Grandparents

  This is an appeal by the father of an 11-year old boy (1) from an order of the Family Court, Nassau County, entered July 31, 1973, which, without a hearing, awarded custody of the boy jointly to the 74-year old maternal grandmother and his 21-year old sister and the…

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