January 22, 2016
Attorney for Petitioner was Maria V. De La Cruz of Jamaica. The attorney for the defendant was Heather Lothrop of Kew Gardens.
The respondent Sandy C. filed for an Order Compelling the Petitioner, Carlos L., to serve a bill of particulars, which is granted (Civil Practice Law and Rules sec. 3041. 3042 [a]).
Slip Op 07087
October 27, 2017
This is regarding an order for disposition regarding four children, entered on August 2014, and brings up an issue of a fact-finding order. It was concluded that the father (respondent) had neglected the children, which was affirmed. The order was affirmed to the degree that it was found that the father had neglected a fifth child. A subsequent appeal on this issue was dismissed.
April 26, 2016
The biological mother (petitioner) Beverly L. surrendered her parental rights of her 2 daughters Kendall and Brooke, and her son Zachary. She signed a Judicial Conditional Surrender reserving the right to visit her children and has done so many times.
The mother filed 2 different orders to show cause to obtain custody of her children due to a failed adoption by the respondent. The mother tells several disturbing stories where both of her daughters were sexually abused by two different men. One child was abused by the adoptive father, the other child was abused by an unrelated third party. The boy was reported bullied in the adoptive home.
NY Slip Op 07310
October 8, 2015
This is an appeal of the Family Court of Fulton City, which modified a prior custody order.
This case calls upon the Appellate Court to consider the validity of a rule that was decided 25 years ago, in the Matter of Alison D. (77 NY2d 651 [1991]). In this case, an unmarried same-sex couple questioned the rights of responsibilities of having a child, in light of the fact that there was no biological connection between one of the parents and the child. This case discussed the rule that with an unmarried couple, a partner without a biological connection to a child is not considered the child’s parent in terms of standing to bring an action for custody or visitation due to the Domestic Relations Law sec. 70, 77 NY 2d 655). The Petitioners in this case ask for custody and visitation of the child. This court agrees that the rule that has been used through the years regarding this issue is no longer workable.
The parties entered into a romantic relationship and moved in with each other. In 2007, the Petition and Respondent registered as partners and later decided to have a child through artificial insemination. In February of 2008, the Respondent became pregnant. The Respondent had a child, and the Petitioner was there to support the Respondent in every way. The next several years were spent raising the child. But in 2012, they unfortunately decided to end their relationship.
In October of 2012, they began an action seeking child support from the Petitioner. The Petitioner denied any liability in the matter, and also countersued for visitation.
This case calls on the court to assess the continued fairness of a rule discussed originally in a case known as the Matter of Alison D in Virginia (77 NY 2d 651 [1991]/ Where an unmarried couple has a child, and one partner doesn’t have a biological connection to the child. This affects the child’s parent in terms of standing to seek custody and visitation pursuant to Domestic Relations Law section 70 (77 NY 2d 655). The petitioners seek custody and visitation in the present case. The court agrees that the definition of a parent as established in the older case has now become unfair.
The Petitioner and Respondent were involved in a romantic relationship back in 2006 and subsequently announced their engagement. It was only just a gesture because legally at the time the couple could not get married. Same-sex marriage was not legal in New York, and they did not have the resources to travel out of state.
They decided to have a child together. In 2008, the respondent became pregnant via artificial insemination. The Petitioner was involved throughout the pregnancy. They raised the child jointly as a couple. However, in 2013, their relationship ended.
People v. Badalamenti
NY Slip Op 02556
The highest court in New York has held that parents can legally eavesdrop on their children if they believe that it is in their best interests. This ruling by the New York State Supreme Court established an exception to existing wiretapping without consent laws.
In this Article 78 proceeding, it is undisputed that petitioner, who had received a Section 8 rent subsidy, did not submit her annual income certification documents, and that respondent New York City Housing Authority terminated petitioner’s Section 8 rent subsidy. Petitioner then wrote to the agency, asking it “to give her family a chance,” and to “Please inform me & my family what we can do to fix my situation.” Petitioner challenges the agency’s determination denying petitioner’s request.
Respondent Rhea and the New York City Housing Authority (collectively, NYCHA) cross-move to dismiss the Article 78 petition as time-barred. Petitioner opposes the motion. NYCHA argues that petitioner’s request was merely a request to restore her subsidy; petitioner argues that the request sought to reopen her default.
NYCHA must follow certain procedures to terminate Section 8 assistance, which were established in a First Partial Consent Judgment entered into on October 4, 1984 in Williams v. New York City Housing Authority.
This is a Family case wherein Plaintiffs appealed in an action for a judgment, inter alia, declaring the plaintiff D.Y.-V. to be the legal mother of a child born on May 1, 2009, to the plaintiff N.N. and declaring article 8 of the Domestic Relations Law and Family Court Act §§ 517 and 542 unconstitutional and void and, upon such declaration, directing the defendant to amend the child’s birth certificate, as limited by their brief, from so much of an order of the Supreme Court, entered January 21, 2010, in Nassau County, as granted that branch of the defendant’s motion which was to dismiss the amended complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action.
The underlying facts are not in dispute. In 1999, the plaintiff (hereinafter the Genetic Mother) underwent a hysterectomy after it was discovered that her uterus was surrounded by a malignant tumor which rendered her unable to conceive, carry, and give birth to a child. Her ovaries were left intact.
After her subsequent marriage to the plaintiff T.V., the Genetic Mother desired to have a biological child with the Genetic Father. In order to do so, the plaintiff Gestational Mother, a close friend of the Genetic Parents, offered to act as a gestational surrogate of the eggs of the Genetic Mother which had been fertilized with the sperm of the Genetic Father through in vitro fertilization. No fee was sought by or provided to the Gestational Mother as she undertook to carry the Genetic Parents’ child “out of friendship, compassion, and her desire to assist the [Genetic Parents] in becoming parents of their own biological child.”
New York Family Law Blog