On December 7, 1976, a New York County Grand Jury, pursuant to its investigation into the sale of babies in violation of Social Services Law, Section 374(6), 1 issued two subpoenas duces tecum. One subpoena directed the Clerk of the Family Court of Suffolk County to appear before the…
New York Family Law Blog
Court Listens to Case Dealing with Article 16 of the CPLR
The issue raised in this case involves the application of Article 16 of the CPLR and its effect on the instructions to be given to the jury concerning apportionment of fault between tortfeasors, one of whom was negligent and the other an intentional tortfeasor, not a party to the…
Court Enforces Judgment Regarding Maintenance
This appeal presents an opportunity for this Court to clarify the procedure for enforcing a judgment against an award of maintenance. This procedure differs from those applicable to other types of collection efforts because it harmonizes the judgment creditor’s right to reach these funds with the public policy of…
Plaintiff Brings Child Custody Proceeding
In a child protective proceeding pursuant to Family Court Act article 10, the Law Guardian appeals from so much of an order of the Family Court, Westchester County, entered January 5, 1989, as granted those branches of the father’s motion which were to compel the production of his daughter…
Court Decides Neglect Proceeding
In this neglect proceeding commenced by the Nassau County Department of Social Services alleging, in essence, that a child now 15 1/2 years old had been sexually abused by the respondent, her adoptive father, for a period of approximately four (4) years prior to April 10, 1989, respondent moves…
ASC files Suit Against Parents of Four for Neglect
On February 23, 2007, the Commissioner of the New York City Administration for Children’s Services (the Commissioner or ACS) filed related petitions under article 10 of the Family Court Act against respondents AN. and RB with respect to the four children who resided with them: five-month old J., five-year old…
Court Decides Whether to Terminate Parental Rights
In three related proceedings pursuant to Social Services Law § 384–b and Family Court Act article 6 to terminate parental rights on the ground of permanent neglect, the mother appeals from three orders of disposition of the Family Court, Nassau County (Dane, J.)(one as to each child), all dated…
Petitioner Challenges Three Rulings from Dept. of Social Services
In this Article 78 family proceeding, Petitioners challenge three determinations of the Nassau County Department of Social Services. On the first issue, the emergency assistance was denied to replace clothing of the petitioners’ four children, which was destroyed by parasitic pinworms. As pertinent to this proceeding, Social Services Law…
Plaintiff Brings Motion to Dismiss Family Case
In this family case, the Defendants bring this motion seeking to reargue and renew their prior motion to dismiss, pursuant to CPLR §§ 3211 and 327, which resulted in an order of this court denying the motion. The Plaintiff opposes the present motion. Before addressing the substance of the…
Petitioner Seeks Modification of Child Support
On three related proceedings, inter alia, for modification of child support and maintenance obligations, the petitioner husband appeals (1) from an order of the Family Court, Nassau County (Ryan, J.), entered December 20, 1988, which denied his objections to so much of an order of the same court (O’Shea,…