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New York Family Law Blog

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Mother Charged with Truancy for Her Child

  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…

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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…

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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…

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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;…

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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…

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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…

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