The neglect proceeding was heard pursuant to Article 10 of the Family Court Act. The Respondent has been accused of perpetuating various acts of violence against the children’s mother in front of the children and has been accused of using excessive corporal punishment. R was also accused of being an…
New York Family Law Blog
In the Matter of Brooke, Respondent v. Elizabeth A.C.C. Respondent
This case calls on the court to assess the continued fairness of a rule discussed originally in a case known as the Matter of Alison D in Virginia (77 NY 2d 651 [1991]/ Where an unmarried couple has a child, and one partner doesn’t have a biological connection to the…
J.F. v. Superior Court (2016)
No: GO53597 Fourth Dist. Division Three This case is an appeal by the mother of a three-year-old child, and the Social Services Administration (SSA). The mother’s petition for a Writ of Mandate from an order terminating reunification services and setting a Welfare Institutions hearing pursuant to code section 366. Allegations…
New York Court Rules that Parental Eavesdropping on Kids is Legal
People v. Badalamenti NY Slip Op 02556 The highest court in New York has held that parents can legally eavesdrop on their children if they believe that it is in their best interests. This ruling by the New York State Supreme Court established an exception to existing wiretapping without consent…
Appellate Court Holds that Substantive Evidence Required to Prove Neglect Allegation
In Re: T.G. a Minor Allegedly Neglected by P.G. – No. NN-20507/15 This matter came to the court on inquest after the respondent failed to appear on three different occasions. The petition alleges that the respondent neglected her child and failed to provide proper guardianship and supervision. In a child…
Defendant is Charged with Endangered with the Welfare of a Child
The Defendant is charged with Endangering the Welfare of a Child, in violation of Penal Law § 260.10(1), and two counts of Public Lewdness, in violation of Penal Law § 245. It is alleged, in sum and substance, that on March 15, 2008, at approximately 2:10 p.m. and 2:40 p.m.,…
Deed Claimed Invalid During Divorce Hearing
On August 31, 1992, the couple were in the process of buying a home. The husband’s father, a wealthy and successful entrepreneur, decided to help his son, daughter-in-law, and their young children in moving into the home. The husband’s father arranged a $47,000 transfer to the couple through an entity…
Defendant Father Requests Hospital Records in Light of HIPPA Laws
There are several issues currently pending before the Court in this mid-fact-finding Family Court Act article 10 proceeding. The first issue is whether to grant the motion of respondent father-person legally responsible (hereinafter, “respondent father”) to compel the production of the subject child, Lizmarie B.’s, post-incident hospital records, despite her…
Court Decides Authority of Probation Officers
In this proceeding pursuant to Article 78 of the CPLR, the petitioners, Probation Officers with permanent status in the Nassau County Probation Department, question the authority of the respondent, as the State Administrator of the Judicial Conference of the State of New York to exercise jurisdiction over the examinations for…
Court Discusses Mechanic’s Lien Law
This is a family case commenced on February 25, 2005 by the filing of a Summons and Complaint in the Supreme Court of Nassau County setting forth two causes of action against the Defendant sounding in breach of contract and an account stated, and a third cause of action against…