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…
New York Family Law Blog
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…
Petitioner Seeks Assistance with Section 8 Subsidy
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…
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…