New York Family Law BlogPublished on:
Attorney Fees Award Reversed by the Appellate Court
Articles Posted in Divorce
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Pillai v Pillai
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Scheriff v Scheriff
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Cassarino v Cassarino
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Court Rules on a Sister State Divorce Judgment
This case involves the enforcement of a sister-state divorce judgment, with respect to arrears in alimony and support payments, pursuant to the ‘Uniform Enforcement of Foreign Judgments Act’ (article 54 of the CPLR) brought before the Supreme Court, Special Term.
Sometime in Junuary 1973, the plaintiff-wife commenced an action for divorce in the Superior Court of the State of Connecticut where she was then living and has continued to reside with her two minor children. On 16 April 1973, while the action was pending, the parties executed a separation agreement – semimonthly payments to the plaintiff for alimony and child support, among others. Thereafter, the plaintiff was granted a judgment of absolute divorce by the Connecticut court, specifically incorporating the terms of the separation agreement, the agreement surviving and not merging into the decree.
Defendant resided in Manhattan when the separation agreement was executed, and in Brooklyn when the divorce judgment was granted. There is no question of the defendant appearing in and being represented by counsel in the divorce action. Defendant currently lives in Brooklyn and is a practicing veterinarian.
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Genzone v Genzone
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Ralis v Ralis
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Matter of Delroy
2015 NY Slip Op 04676
The order of the Appellate Division should be reversed and remitted to Family Court.
Eleven year old Delroy was involved in a juvenile delinquency hearing that involved assault and attempted assault in the first, second, third degree. These charges arose during an incident with a 12 year old victim complainant, who was stabbed during an altercation. A motion was made to suppress a statement made to officers and a knife that was recovered at the scene. The testimony in question involved an interview with Delroy’s sister saying that her brother had been bullied, the two boys had fought, and Deloy had stabbed the victim.
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Horne v Horne
NY Slip Op 08198
December 7,2016
This is an appeal by the defendant for portions of a divorce judgement from the Supreme Court in Nassau County. The judge denied the defendant’s application for a separate property credit, and order the defendant to pay 2/3 of a HELOC, imputed the defendant’s income at $90K when figuring child support, failed to award spousal maintenance, and ordered the defendant to pay college costs. The judgement also denied equitable distribution of the Plaintiff’s Estee Lauder stock option, and was ordered to pay assessed arrears in the amount of $107K.
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Liebowitz v. Liebowitz
Slip Op 06475
October 52016
This is an appeal by the plaintiff to enforce portions of a divorce judgment from Westchester County, which was entered in December of 2013. In the judgment, the defendant was ordered to maintain his term life insurance until the 20-year term expired. The court ordered the judgment modified by deleting number 21 decretal paragraph, as so modified. The judgment is affirmed and remitted to the Superior Court of Westchester County for a hearing and entry of judgment of divorce. This will include replacement of the 21st decretal paragraph directing both parties to maintain their existing life insurance policies, naming their children as the beneficiaries. The plaintiff is to maintain her policy for 20 years and the defendant’s whole life insurance policy (#4819835) and its cash surrender value is the, in defendant’s separate property.