In this Article 78 proceeding, it is undisputed that petitioner, who had received a Section 8 rent subsidy, did not submit her annual income certification documents, and that respondent New York City Housing Authority terminated petitioner’s Section 8 rent subsidy. Petitioner then wrote to the agency, asking it “to give…
New York Family Law Blog
Court Orders Plaintiff to Amend Complaint
On October 28, 2001, plaintiff’s decedent, LM, fell in his apartment, which was located in the Narragansett Hotel, a residential hotel in New York City. A neighbor heard yelling coming from the apartment and called an ambulance. According to the Ambulance Call Report prepared by the EMS workers, he was…
Petitioner Seeks to Vacate Determination by Department of Consumer Affairs
Legal counsel said that, the current motion by Petitioner is to vacate a determination of the Nassau County Department of Consumer Affairs (DCA) to the effect that Plaintiff Corporation was an unlicensed home improvement contractor in violation of the Nassau County Administrative Code. The Cross-motion, denominated a motion by the…
Respondent Asserts Plaintiff Failed to Exhaust Administrative Remedies
The plaintiff and her two children are clients of the Nassau County Department of Social Services (Department). On or about May 29, 1971, she received a public assistance check from the Department. Several days later, while her possessions were being moved to a new place, she claims to have noticed…
Interesting Case Decides Parenting Rights of Surrogate Mother
This is a Family case wherein Plaintiffs appealed in an action for a judgment, inter alia, declaring the plaintiff D.Y.-V. to be the legal mother of a child born on May 1, 2009, to the plaintiff N.N. and declaring article 8 of the Domestic Relations Law and Family Court Act…
Court Hears Motion to Disqualify Defendant Counsel
The People’s motion for an order disqualifying Defendant’s counsel and precluding use at trial of statements of prosecution witnesses taken by defense counsel or his associates is denied. Defendant’s cross-motion for an order dismissing the accusatory instrument as facially defective, in the interests of justice, or on account of the…
Court Hears Condemnation Proceeding
In this family case, a condemnation proceeding is the just compensation to be awarded to claimant, for the taking of several parcels of property located in Queens County. The condemnee, took title to the subject parcels on February 29, 1996, for the creation of a Park. The court viewed the…
Court Rules on Child Neglect Proceeding
In a child neglect proceeding brought pursuant to Family Court Act article 10, the parties stipulated to have the Nassau County Department of Probation investigate the underlying circumstances relating to the alleged child neglect and to thereafter issue a report, including its recommendations. The parties further agreed to allow the…
Respondent Claims Family Court Lacks Jurisdiction
Mr. NK, respondent in a Family Court proceeding, petitions for a judgment under Article 78 of the CPLR prohibiting the Judges of the Family Court, of Nassau County, or any of them, from proceeding with a hearing on a complaint under Article 8 of the Family Court Act made by…
Court Decides Neglect Case
The Presentment Agency moves, pursuant to a motion for summary judgment, for an order adjudging an after-born child to be permanently neglected, upon the ground that the parents of the two older siblings of the after-born child have previously been adjudicated unable to provide proper and adequate care for them.…