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New York Family Law Blog

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Petitioner Requests That Court Appointed Attorney Be Relieved of Duties

  The matter currently before the Court is a motion by the petitioner to have the Court appointed attorney for the child relieved of her duties. The petitioner brought the motion pro se. The subject child of the motion, was appointed law guardian for the child and submitted an affirmation…

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Defendant Challenges the Legality of a Search

  The Defendant is charged with two counts Criminal Possession of a Controlled Substance in the Seventh Degree and Unlawful Fleeing of a Police Officer in the Third Degree, in violation of Penal Law §§ 220.03 and 270.25, respectively, along with Driving While Ability Impaired by Drugs, four counts of…

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Court Discusses the Issue of Equitable Estoppel in Paternity Proceeding

  The case before the Court was referred by the Support Magistrate on the issue of equitable estoppel in this paternity proceeding. The petitioner began a child support proceeding pursuant to the Uniform Interstate Family Support Act (UIFSA) as she resides in Oregon, and the respondent resides here in Nassau…

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Respondent Claims that Plaintiff Failed to State a Cause of Action

  The matter before the court is a Motion filed by counsel for the Respondent for an Order pursuant to the provisions of Sections 100.15, 100.20, 100.30 and 100.40 of the Criminal Procedure Law, dismissing the petition for failure to state a cause of action. The original petition herein was…

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Defendant Seeks TRO to Prevent Plaintiff From Filing Retirement Documents

  This is a family case wherein, the plaintiff, by way of Order to Show Cause, obtained a Temporary Restraining Order, (TRO), restraining and enjoining the defendants and their officers, agents, servants and employees, from filing or causing to be filed, any retirement papers for the plaintiff, and from acting…

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Court Discusses Case Filed by Nassau County Social Services

  This is a Motion by Respondent for an Order pursuant to Section 3212 of the C.P.L.R. dismissing a proceeding filed by the Nassau County Department of Social Services with prejudice on the grounds that Respondent has an absolute defense to the proceeding due to a discharge in bankruptcy of…

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