The information dated March 28, 1968, charges the crime of Aggravated Harassment in violation of section 240.30, subdivision 2 of the Penal Law. The complaint is made and sworn to by ERG, who is defendant’s step-daughter. Pursuant to the information, a summons for purposes of investigation was issued and…
New York Family Law Blog
Court Looks at the Issue of Kinship
In this accounting of the Public Administrator, the issue of kinship was referred to a court attorney/referee pursuant to SCPA 506. A hearing was conducted and various documents were admitted into evidence, including the purported family tree. All parties stipulated to waive the report of the referee and to…
Infant Based Plaintiff Sues for Exposure to Lead Paint
The motion of defendant the City of New York (hereinafter the “City”) for summary judgment and dismissal of the complaint and cross claims against it is denied. This is an action to recover damages for personal injuries allegedly sustained by the infant plaintiff, JP, due to exposure to lead-based…
Plaintiff Brings a Suit for Declaratory Judgment
Plaintiffs commenced the within declaratory judgment action seeking a declaration that the emergency rule is null and void, ultra vires and unconstitutional, as a taking of property without just compensation. The complaint also alleges that the rule violated Real Property Law § 226-b which regulates the assignment of leases;…
Court Decides Permanent Custody of Child Based on Child Abuse Allegations
The petitioner filed the instant petition seeking an order of child support against the respondent. A hearing was held with respect to the petitioner’s application. The petitioner’s application is denied. On April 1, 2002, the petitioner, Frances W., filed a petition against the respondent, Steven M., seeking support for…
Petitioner Files Claim to Extend Placement in Foster Home
This extension of placement proceeding under Section 1055 of the Family Court Act raises questions as to the perimeters of the Family Court’s jurisdiction. MR was born on June 19, 1982. Less than two months later, she was remanded to the Commissioner of Social Services who has had responsibility…
Court Decides if Case Against Social Services can be a Class Action
This Article 78 proceeding raises the questions whether (1) the County Commissioner of Social Services has discretion as a matter of policy and without regard to the facts of the particular case to refuse a special grant to an aid to dependent children recipient who claims that she and…
Respondent’s Placement Lapses at New York State Division of Youth During Proceedings
In this proceeding under Family Court Act article 10, the New York City Corporation Counsel, on behalf of the Administration for Children’s Services, seeks leave of the court to allow the respondent’s placement with the Commissioner of Social Services [CSS] to lapse, in light of the respondent’s placement with…
Court Rules on Issue Related to Private Placement Adoption
This private placement adoption action presents a number of intertwined legal issues that highlight the shortcomings of the private placement adoption statutes in New York State. The infant who is the subject of the case has now been in the home of the petitioners since February 21, 1998 without…
Child Services Alleges Abuse of Child by Mother
On June 20, 2011, the Administration for Children’s Services (ACS) filed a petition against respondent mother alleging that she derivatively severely abused the subject child by committing reckless or intentional acts that evinced a depraved indifference to human life and caused serious physical injury to the subject child’s five-year-old…