In this case, respondent mother is the mother of the four subject children. The father is the father of these children and a person legally responsible for them, resides in Grenada where the children resided with a maternal aunt and visited with their father until the summer of 2005.…
New York Family Law Blog
Grandfather Seeks Guardianship of Children
In July, 1977, defendant Department of Social Services of the County of Nassau (hereinafter DSS) placed a four-year-old child and his sister in the foster home of defendant Margaret Toomer after the infant’s natural mother was sentenced to prison. Subsequent to placement, the DSS received several reports that the…
Plaintiff Moves for Motion to Dismiss for Failure to File Timely Complaint
The defendant moves by order to show cause for the following relief: for an order pursuant to CPLR §§ 327 and 3012(b) as follows: a) granting defendant dismissal of this action by virtue of the plaintiff’s failure to timely serve a complaint; b) granting defendant a dismissal of this…
Court Discusses Preserving Issues for Appeal
In a proceeding under article 78 of the former Civil Practice Act, against the respondents, the People, the District Attorney and the County Court of Nassau County, petitioner appeals from an order of the Supreme Court, Nassau County, dated March 14, 1963, which dismissed the petition (see opinion 38…
Court Decides How Certain Taxes Should Be Paid
On December 28, 1992, executed a will that made specific bequests to his wife, son and other family members. The will also left $16,500 to three charities and created a trust for the benefit of his wife and son. On December 17, 1997, the testator executed a trust that,…
Petitioner Files Suit Against Society for the Prevention of Cruelty to Children
The Attorney General brings this action under the Not-for-Profit Corporation Law (“NPCL”) and Article 8 of the Estates, Powers and Trusts Law to obtain injunctive relief against respondent Long Island Society for the Prevention of Cruelty to Children (“LISPCC”) and its officers and directors. The Long Island SPCC was…
Court Discusses Attorney Confidential Privledge
In a case that is one of first impression, this court is confronted with two novel questions: does the attorney confidential privilege survive the death of the client? And, if indeed the privilege does survive, under what circumstances, if any, may the court pierce through the veil of confidentiality?…
Plaintiff Brings Motion to Dismiss Initial Complaint
The motion of the defendants, RM and KM, by counsel, to dismiss the Summons & Information before the Court is determined as hereinafter provided. The defendants, RM and KM, are the owners in fee of a residential home located at 88 Liberty Boulevard, within the Incorporated Village of Valley…
Petitioner Brings Action to Vacate a Deed or Impress a Constructive Trust
This action to vacate a deed or, in the alternative, impress a constructive trust, was originally commenced by the executor in Supreme Court, Nassau County, and was transferred to this court by order of Hon. Thomas P. Phelan dated October 21, 2005. RM, executor of the estate of MM,…
Wife Brings Supreme Court Action Declaring Divorce Judgment Void
In two matrimonial actions, the husband appeals from (1) an order of the Supreme Court, Westchester County, entered January 31, 1989, in Action No. 1, which directed a joint trial of the actions in Westchester County and granted the wife leave to enter a money judgment in the sum…