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…
Articles Posted in Westchester County
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…
Court Looks at Order to Show Cause to Discontinue Medical Treatment
The petitioner having applied to this Court for an Order directing DH (the “Patient”), a patient at Nassau University Medical Center (the “Medical Center”), to show cause why an Order should not be granted authorizing or discontinuing medical treatment for the Patient as set forth in the petition and…
Defendant Challenges the Legality of a Search
The Defendant is charged with two counts Criminal Possession of a Controlled Substance in the Seventh Degree and Unlawful Fleeing of a Police Officer in the Third Degree, in violation of Penal Law §§ 220.03 and 270.25, respectively, along with Driving While Ability Impaired by Drugs, four counts of…
Court Discusses Case Filed by Nassau County Social Services
This is a Motion by Respondent for an Order pursuant to Section 3212 of the C.P.L.R. dismissing a proceeding filed by the Nassau County Department of Social Services with prejudice on the grounds that Respondent has an absolute defense to the proceeding due to a discharge in bankruptcy of…
Plaintiff Seeks an Order Annulling Social Security Judgment
This is one of a series of applications numbering between motions and cross motions almost twenty all of which deal with the same aspects of public assistance grants in the category of Aid to Dependent Children. Petitioner seeks an order annulling a determination after fair hearing by Respondent Blum…
Court Discusses Domestic Violence Charges
This case involves domestic violence and a motion to dismiss the indictment and an order transferring all the proceedings herein from the County Court to the Family Court of Nassau County was raised by the defendant. Defendant is charged with assault, second degree. The particular act involved herein arose…
Court Reviews Condemnation Proceeding
This is a condemnation proceeding in which the Village of Garden City sought to acquire title in fee to certain property within the village for a parking field. The property to be acquired consists of 23 parcels all of which were heretofore zoned by the village for residential purposes.…
Plaintiff Seeks a Divorce on the Grounds of Inhumane Treatment
This action seeking a divorce on the ground of cruel and inhuman treatment, and ancillary relief, was commenced on or about June 10, 2003. By order dated December 23, 2003, both parties’ applications for temporary custody were denied and an injunction was issued prohibiting either party from taking the children…
Court Discusses Child’s Eligibility for State Assistance Programs
Under the Federal public assistance program called Aid to Families with Dependent Children (AFDC), family income is considered in determining a child’s eligibility for relief. All of a natural father’s income is typically deemed available to his child, but the situation is more complicated where stepfathers are found. The…