New York City

Published on: November 11, 2015

Plaintiff Files Motion for Intervention and Preliminary Injunction

by Stephen Bilkis

That upon the following papers numbered 1 to 41 read on these motions for intervention and preliminary injunction; Order to Show Cause and supporting papers 1-10: 11-20 ; Notice of Cross Motion and supporting papers ; Answering Affidavits and supporting papers 21 – 37 ; Replying Affidavits and supporting papers 38-41 ; Other _; (and after hearing counsel in support and opposed to the motion) it is,

Ordered that the within two (2) separate orders to show cause by independent proposed plaintiff-intervenors, DR and SR respectively, are consolidated for determination herein, and are granted. The applicants seek leave to intervene in the above-indexed action as party plaintiffs and on behalf of their eligible minor dependent children; and it is

Published on: November 6, 2015

Court Resolve Case Regarding Interference With Visitation

by Stephen Bilkis

It has been observed by our court that “the natural right of visitation jointly enjoyed by the noncustodial parent and the child is more precious than any property right” and that “the best interests of the child would be furthered by the child being nurtured and guided by both of the natural parents”. Indeed, a custodial parent’s interference with the relationship between a child and a noncustodial parent has been said to be “an act so inconsistent with the best interests of the child as to per se raise a strong probability that the offending party is unfit to act as a custodial parent”. Such interference with the relationship between a child and a noncustodial parent can take many forms, the obvious being the outright denial of visitation by making the child physically unavailable at the appointed time. However, the instant case involves a more subtle and insidious form of interference, a form of interference which, in many respects, has the potential for greater and more permanent damage to the emotional psyche of a young child than other forms of interference; namely, the psychological poisoning of a young person’s mind to turn him or her away from the noncustodial parent. In this case, if left with their mother, the children would have no relationship with their father given the mother’s constant and consistent single-minded teaching of the children that their father is dangerous. She has demonstrated that she is unable and unwilling to support the father’s visitation; and it was, therefore, an improvident exercise of discretion to deny the father’s petition for a change of custody.

The parties herein were married on August 21, 1982, and had four children together. The father left the marital residence in November 1988, and a divorce action was commenced the following month. Following a trial on the issues of equitable distribution, support, and maintenance held in April 1991, a memorandum decision was issued on June 1, 1992. Although the father had, during the early stages of the divorce action, stipulated to the mother having custody of the children, he moved, by order to show cause dated June 17, 1992, inter alia, for a change of custody to him, with the mother to be given only supervised visitation based upon what he claimed to be the mother’s “bizarre and dangerous behavior” which was “calculated to destroy the children’s relationship with him”.

Published on: October 4, 2015

ASC Brings Action Against Mother for Severe Abuse

by Stephen Bilkis

On June 20, 2011, the Administration for Children’s Services (ACS) filed a petition against respondent mother alleging that she derivatively severely abused the subject child by committing reckless or intentional acts that evinced a depraved indifference to human life and caused serious physical injury to the subject child’s five-year-old sibling Jamar resulting in his death.

The subject child under the age of eighteen whose parent subjected the child to reckless or intentional acts committed under circumstances evincing a depraved indifference to human life, which resulted in serious physical injury to the child as defined in subdivision ten of section 10.00 of the penal law:

Published on: July 18, 2015

Court Listens to Two Related Cases Pursuant to Social Services Law 384b

by Stephen Bilkis

The two cases below are about family law and proceedings.

The first case deals with two related proceedings pursuant to Social Services Law § 384-b (4) to terminate the mother’s parental rights on the ground of permanent neglect, the mother appeals from two orders of disposition (one as to each child) of the Family Court, Nassau County (Foskey, J.), both dated June 13, 2002, which, after a hearing, determined that she failed to comply with the terms and conditions of an order suspending judgment of the same court (Koenig, J.) dated October 5, 2001, terminated her parental rights, and awarded custody and guardianship of the children to the petitioner for the purpose of adoption.

Published on: July 10, 2015

Petitioner Seeks Reimbursement of Social Assistance Left

by Stephen Bilkis

Mrs. GR, together with her disabled husband and six minor children, are clients of the Nassau County Department of Social Services. Around July 31, 1969, Mrs. GR, who had just cashed her public assistance check, was concededly robbed of the proceeds of that check, leaving her totally without funds for the month of August. Apparently, she requested emergency assistance from the Department, but this request was denied. She thereupon brought this Article 78 proceeding that the Commissioner of the Nassau County Department of Social Services (hereinafter the ‘Commissioner’) be directed to pay her $484, the amount of her monthly assistance check.

After service of the petition upon him, the Commissioner served a Third-party petition upon George K. Wyman, as Commissioner of the Department of Social Services of the State of New York seeking a direction that Commissioner Wyman reimburse him for any funds he was directed to pay to Mrs. GR.

Published on: July 4, 2015

Court Discusses the Issue of Equitable Estoppel in Paternity Proceeding

by Stephen Bilkis

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 County.

The respondent requested genetic testing for the purpose of denying paternity. A law guardian was assigned to represent the child. The law guardian has moved to have respondent equitably estopped from denying paternity.

Published on: June 24, 2015

Plaintiffs Request Property Assessment

by Stephen Bilkis

Based on the papers filed by the parties, it is ordered that the applications are decided as follows: Petitioners bring this proceeding (Seq. No. 01), pursuant to Article 78 of the Civil Practice Law and Rules, for a judgment vacating one hundred thirty-one (131) decisions made by Small Claims Assessment Review Hearing Officers on the ground that none of the decisions provide any explanation or rationale for the adoption of the .25% Residential Assessment Ratio (“Ratio”) propounded by the Respondents (County Assessor and County Assessment Review Commission), without reference to the report of an economist which they submitted with their petitions, showing that the correct ratio is .232% or less.

Respondents cross-move (Seq. No. 02) to dismiss the petitions, or in the alternative, for a severance of the individual claims and a direction that petitioners purchase individual index numbers and file separate petitions.

Challenges to real property assessments are big business in Nassau County. By most accounts, tax certiorari proceedings in Nassau result in refunds in excess of $100,000,000.00 annually. As of 2009, the Nassau County Assessor placed the figure at approximately $90,000,000.00, 83% of which involved commercial properties. Nassau County and New York City are the only two special assessing districts in New York. This enables Nassau County to maintain separate classes of property, with different tax rates and levels of assessment. This matter involves challenges to the assessments of Class I properties, which include one, two and three-family homes. For the 2010-2011 tax year approximately 33,600 owners filed complaints on their real property assessments. As one can readily imagine, the resolution of this volume of complaints is a daunting task.

Published on: May 4, 2015

Court Discusses Outcome of Juvenile Hearing

by Stephen Bilkis

The respondent has moved to vacate this Court’s order dated February 21, 2007 which, upon his consent, extends his placement with the New York State Office of Children and Family Services (“OCFS”) as a juvenile delinquent for twelve months and directs that OCFS continue respondent’s present placement with L & W, an authorized agency within the meaning of Social Services Law §371 (10).

In support of the motion to vacate the Court’s order extending his placement with OCFS for L & W, respondent contends that: (i) the Family Court was without jurisdiction to extend placement; (ii) the proceedings were defective in that the Court did not have the authority to reconvert the proceeding from a Person in Need of Supervision (“PINS”) proceeding to a juvenile delinquency proceeding; and (iii) even assuming that the Court had jurisdiction to extend placement with OCFS that placement could not be extended beyond his 18th birthday without his consent.

Published on: April 7, 2015

Plaintiff Asks Court for Leave to Serve Defendant via Publication

by Stephen Bilkis

In February 1971, plaintiff made application to this Court for leave to serve the defendant by publication and for permission to proceed as a poor person. Though service was made on the County of Nassau, they neither appeared nor opposed the application. By decision dated February 17, 1972, this Court granted the application to serve the defendant by publication, but denied the application to proceed as a poor person. The Court held therein that the moving papers were deficient.

‘Plaintiff sets forth in her affidavit that she has been employed by the Westbury Board of Education as a secretary at an annual salary of $5460.00 since October 1971 and in addition thereto received supplemental public assistance to augment her income to spend upon such work related expenses, such as baby-sitting, car fares, lunches, etc., but nowhere in the moving papers does she set forth the amount of supplemental income.’

Published on: September 28, 2014

Father Seeks to Restrain Mother from Relocating Children

by Stephen Bilkis

A New York Family Lawyer said in the matter before the Court concerns child custody of two children. The children are the biological children of the divorced parties herein. The current proceedings were commenced when the father filed petitions pursuant to Article 6 of the Family Court Act (FCA) in Albany County Family Court seeking child custody or, in the alternative, to restrain the mother from relocating with the children. After the mother relocated with the children to South Carolina, The Albany County Family Court issued an order granting the father temporary child custody of the children. The father went to South Carolina to obtain physical child custody of the children and then immediately relocated to Nassau County, New York. The Albany Family Court matter was thereafter transferred to this Court. The mother also filed her own petitions seeking child custody.

A New York Divorce Lawyer said that pursuant to a stipulation and Judgment of Divorce, the parties were divorced in 2004. As per the terms of their stipulation, the parties had joint legal child custody of the children with the mother having physical child custody and the father having certain rights of parenting time. At the time of the divorce, the parties were living in the Albany, New York area, having relocated together from Long Island. Immediately after the divorce was finalized, the parties continued to live together for financial reasons, but eventually moved into separate apartments in the Albany area, with the children living with the mother.

A New York City Family Lawyer said the father exercised his parenting rights during this time, though the extent to which he did so is in dispute. The mother met her current husband, a resident of South Carolina, in an online chat room and began a long distance relationship which resulted in one of them traveling once every few months to see the other. At other times they would both travel and meet somewhere in the middle. At some point during 2005 the mother had a hysterectomy which she blamed for causing her to lose her job. The loss of her job, and the father’s alleged failure to provide regular child support, placed her in dire financial straits which she believed could only be remedied by a relocation to South Carolina where, aside from the new husband, her mother and sister resided.