Articles Posted in Queens

In a matrimonial action in which the parties were divorced by a judgment, the complainant husband appeals from the decision and filed an instant action for a divorce and ancillary relief against his wife. Prior to the entry of the divorce decision, the husband and wife entered into a duly executed stipulation of settlement, which awarded the wife of their children’s custody. The stipulation was incorporated but not merged in the decision of divorce. A New York Family Lawyer said the following to the execution of the stipulation and the entry of the decision, the wife moved to enforce certain terms of the stipulation. Thereafter, the husband sought to transfer the custody of the two minor children to him or to increase his visitation and to suspend or reduce his agreed-upon child support payments.

The court correctly determined that there must be no change of custody of the parties’ two children. Consequently, the court properly refused to transfer custody to the father, or increase his visitation. The mother’s position with regard to visitation did not raise to the level of active interference with or deliberate frustration of the husband’s visitation rights. In addition, the court also examined the husband’s remaining contentions and find that they lack merit.

In another trial, another father also filed an appeal from an order of the family court. The complainant father sought a modification of a decision to permit him to have visitation with his daughter. Based on records, a New York Custody Lawyer said to warrant modification of an order fixing visitation, there must be a change of circumstances, and the change must be material

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First Case:

On or about 20 December 2010, a Family Court in Bronx County issued an order which, upon the mother’s default at a combined fact-finding and dispositional hearing, terminated the mother’s parental rights to the subject child upon a finding of permanent neglect, and committed custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children’s Services for the purpose of adoption. A New York Family Lawyer said that thereafter, the respondent mother moved to vacate the order of disposition. On or about 21 March 2011, the same court denied the said motion. Thus, an appeal of the said denial followed.

The court finds that the denial must be affirmed, without costs; the appeal must be dismissed, without costs, as taken from a non-appealable paper.

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Dolores Lamb, the petitioner in this case is seeking support from the respondent for herself and her three children. The respondent in this case is Charles Lamb. The case is being heard in the Family Court in the City of New York located in New York County.

Case Background

A New York Family Lawyer said this case provides and interesting set of circumstances as brought forth by the respondent. The respondent was married to the petitioner in a ceremony held in Connecticut on the 23 of September, 1954. At this particular time, the respondent’s former wife “Marjorie” was still alive, but mentally incompetent and homed in an institution.

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This is a case being heard in the Special Term of the Supreme Court of the State of New York located in Nassau County. The plaintiff in the case is Audrey Feinberg and the defendant in the case is Herbert Feinberg. The action that is before the court was instituted by the plaintiff who is seeking to set aside a consensual migratory divorce that was obtained in a court located in the Dominican Republic as well as the separation agreement.

Plaintiff Argument

The plaintiff has alleged that in order to induce her into a separation agreement and execute a power of attorney to authorize counsel to appear on her behalf in a divorce action in the Dominican Republic court, the defendant falsely represented his financial worth. The attorney for the plaintiff requested the tax returns of the defendant and three years of tax returns were provided. However, the plaintiff argues that the defendant concealed the existence of negotiations for the sale of the family’s wine business, Monsieur Henri Company, in which the defendant has a third interest.

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This is a case being heard in front of the Supreme Court of Westchester County. The plaintiff in the case is Agnes Mary Clark Alfaro. The defendant of the case is Carl E. Alfaro. The action before the court is for a separation based on the grounds of abandonment, non support, and cruelty. A New York Family Lawyer said the action also seeks to declare a Mexican divorce obtained by the defendant from the plaintiff on the fifteenth of October 1954 as invalid. The couple has three children together.

Case Background

Before the year 1940, the defendant was married to another woman. On the 23rd of January, 1940, he obtained a divorce from his former wife. On the 29th of January, 1940, he married the plaintiff in Mexico. The plaintiff claims that she married the defendant in Mexico because he was working there and had stated that he may in fact decide to reside there. The plaintiff also states that the defendant was present in the divorce proceedings that took place in Mexico.

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This case is being heard in the Supreme Court of the State of New York located in Queens County. The case involves the plaintiff John Doe and the defendant Jane Doe. A New York Family Lawyer said the plaintiff has motion for the final decree of divorce to be vacated on the grounds that the couple is attempting reconciliation. The Court is asked to determine if there is a benefit to the motion for allowing a vacatur of the final judgment that was made in this case or if the motion should be denied on the grounds of finality.

Case Background

The couple, John and Jane Doe, was married in 2005 in the state of Rhode Island. The couple does not have any children. In 2009, the husband filed for divorce on grounds of abandonment. A New York Custody Lawyer said the husband stated that the wife had left the marital home located in Queens County, New York and was currently residing in Rhode Island.

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Rhonda Covington is the appellant in this case and Carlton Walker is the respondent. This case is being heard in the Court of Appeals in the State of New York. The issue that is being brought before the court is whether the cause of action made by the plaintiff for a divorce on the grounds of imprisonment is barred by the five year statute of limitations as it was commenced sixteen years after the defendant was confined.

Case Background

A New York Family Lawyer said the couple in this case was married in May of 1983. In January of 1984, the defendant was arrested for the robbery and shooting death of a cab driver. He was convicted in 1985 for criminal possession of a weapon in the second degree, robbery in the first degree, and murder in the second degree. He was sentenced to a prison term of 25 years to life. The defendant has been imprisoned since he was first arrested. The plaintiff was convicted for the same crimes as the defendant is also in prison.

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The Supreme Court located in New York County is overseeing this case involving the plaintiff Joy Silverman and the defendant Jeffrey Silverman. From the beginning, this case has been driven by two different concerns. A New York Family Lawyer said the husband wishes to have a divorce granted immediately without waiting for the final determination of the ancillary financial issues and the wife believes that the husband should not be allowed the divorce until a judgment settles all of the existing financial issues of the case.

Case Background

In August of 1994, the defendant, Jeffery Silverman served the plaintiff wife, Joy Silverman with papers commencing a divorce action in the state of Connecticut. The grounds for the divorce were irreconcilable differences. These grounds were unavailable to him in the state of New York.

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The plaintiff, Marguerite Grucci has alleged a first cause of action for legal malpractice for failure to prosecute and a second cause of action for legal malpractice for failure to obtain a permanent order for protection and a third cause of action for a breach of contract against the defendants Gregory Rabinowitz and Kramer & Rabinowitz, LLC. This case is being heard in the Supreme Court of the State of New York located in Suffolk County.

A New York Family Lawyer said the plaintiff has also entered a fourth cause of action in this case seeking damages for the delay in turning her file over to the new attorney that she obtained and for removing documents from the file and delaying the recommencement of her case. She states that the defendant deceitfully advised her that her grounds for divorce were not strong enough. She also alleges a cause of action regarding her loss of support and maintenance based on the defendant’s refusal to release the payments from escrow. The final cause of action made by the plaintiff accuses the defendant’s of excessive billing.

Plaintiff’s Case

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