On October 2, 2007, New York City Children’s Services (hereinafter NYCCS) filed a petition against respondent mother alleging that her son’s physical, mental or emotional condition had been impaired or was in imminent danger of becoming impaired, as a result of her failure to exercise a minimum degree of…
New York Family Law Blog
Petitioner Claims State Action Unlawful Regarding Public Assistance Benefits
On early December 1971, JR was the grantee of public assistance for the benefit of her four children in the Aid to Families with Dependent Children (AFDC) category. All five lived in a home in Levittown, New York, which was then owned by Mrs. JR and her former husband…
Petitioner Was Grantee of Public Assistance for Four Childen
In early December 1971, JR was the grantee of public assistance for the benefit of her four children in the Aid to Families with Dependent Children (AFDC) category. All five lived in a home in Levittown, New York, which was then owned by Mrs. JR and her former husband…
Court Looks at Material Issues of Fact in Case
In this contested probate proceeding, the proponent, MP, moves for an order granting summary judgment pursuant to CPLR 3212, dismissing the objections filed by the objectant, RP, and admitting the propounded instrument to probate. RP opposes the motion on the ground that material issues of fact exist. RP cross-moves…
Stepdaughter Files Claim for Aggravated Harrassment
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…
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…