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…
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…
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…
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…
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…
This misdemeanor information alleging the perpetration of an assault third by one Susan O’Toole and another upon the person of one Cathy O’Toole was transferred to the Family Court by the District Court, the County of Suffolk: First District. Briefly stated, the facts are as follows: Cathy O’Toole went…
The motion (seq. No. 1) by the attorney for the Third-Party Defendant County of Nassau (the County) for an order pursuant to CPLR 3212 granting Summary Judgment dismissing the Third-Party complaint and all cross-claims against the County of Nassau is granted. Cross-motion (seq. No. 2) by the attorneys for…
The petitioner/landlord, commenced this holdover proceeding to recover possession of the Section 8 leasehold premises from respondent/tenant, seeking to terminate the month-to-month tenancy. Tenant moves to dismiss the petition in lieu of answering upon grounds that the notice to terminate and petition are legally insufficient and that petitioner’s acceptance…
After providing for a number of bequests, legacies and trusts in various articles of her last will and testament, Maude S. W. McKay, the decedent, disposed of the residue of her estate in the following language ‘TENTH:–All the rest, residue and remainder of my Estate, both real and personal,…
The family case at bar involves a petition for support filed pursuant to the Florida Uniform Reciprocal Enforcement of Support Law. The petitioner-wife seeks a de novo hearing relative to support for the two children of the parties’ marriage as well as support for herself. Respondent-husband, a Suffolk County…