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…
Articles Posted in Westchester County
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…
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…
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,…
Petitioner Requests Entry of Money Judgment
This is an application pursuant to Section 460 of the Family Court Act for an order directing the entry of a money judgment in the sum of Three Thousand Three Hundred Twenty ($3,320.00) Dollars, plus costs, on arrears reserved generally by this Court on August 12, 1974. Petitioner filed…
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…
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;…
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…
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…
Court Discusses Procedural History of Case
A the outset, the Court would like to clarify some of the procedural history of this case which is related to the action Aurora v. Loan Services LLC v. BOM, et al., Index Number 22937/2009, a residential foreclosure proceeding. Originally the undersigned under the mistaken impression that all papers…