Staten Island

Published on: June 9, 2016

Court Discusses Equitable Distribution of Assets

by Stephen Bilkis

In this family case, the parties were married in August 1973. The wife is presently 52 years of age and the husband is presently 56 years of age. On the date of their marriage, plaintiff was 22 years of age and a college graduate. Defendant was then 18 years of age and a high school graduate. During the course of the marriage, four children were born to the parties, to wit: the eldest daughter, age 32; the eldest son, age 26; the youngest son, age 20; and the youngest daughter, age 13. The two youngest children, the youngest son (presently age 20) and the youngest daughter, remain unemancipated. During the course of the litigation the youngest son resided in Israel or was a resident student at A university.

The husband commenced this action in December 2004 after the wife withdrew an action commenced in November 2004. The parties litigated in Family Court from November 10, 2004, through January 31, 2005. The husband also brought a writ of habeas corpus under a separate index number against the wife and her mother which was dismissed. The Family Court action was consolidated into the Supreme Court action, on consent. The husband was granted a divorce, on consent, after proof, on June 10, 2005, on the grounds of constructive abandonment and shortly thereafter the husband gave the wife a Jewish divorce. A law guardian, was appointed for the youngest daughter, and a neutral forensic evaluator was appointed by the court.

Thereafter, the day set for trial on the issue of custody, all issues of custody and visitation were resolved by stipulation on the record. The agreement inter alia provided that the parties would share joint decision making of the youngest daughter, age 13, that the wife would have physical custody, there would be a parent coordinator and that the husband, the wife and child would separately enroll in therapy. The wife voluntarily, without prejudice, withdrew her request for a temporary order of protection and same was vacated, on consent. The agreement further provided for supervised visitation and a mechanism for the child and father to re-establish their relationship.

Published on: April 29, 2016

Father Requests Return of Children

by Stephen Bilkis

This is a contested matrimonial action before the Supreme Court of the State of New York.

On 6 January 2010, the plaintiff, the husband moved by order to show cause and prayed for an order directing the return of their two children, A, age 7, and M, age 4, to New York State, for an order awarding the him temporary custody of their children, and for an order awarding the defendant, the wife, reasonable visitation with the minor children within the State of New York.

On 9 April 2010, the wife opposed the husband’s application and cross moved by order to show cause and prayed for an order dismissing the husband’s application on the basis that New York is not the home state pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and for permission for her to commence a custody proceeding in California, and for an order directing her husband to pay all costs associated with Court appearances, including but not limited to, transportation costs including airfare, car rentals, hotel costs, and daycare.

Published on: February 12, 2016

Mother Charged with Truancy for Her Child

by Stephen Bilkis

On October 2, 2007, New York City Children’s Services (hereinafter NYCCS) filed a petition against respondent mother alleging that her son’s physical, mental or emotional condition had been impaired or was in imminent danger of becoming impaired, as a result of her failure to exercise a minimum degree of care in supplying him with an adequate education in accordance with the provisions of part I of article 65 of the Education Law. Specifically, the petition alleges that the son missed 44 days of school during the 2006-2007 school year and 18 days during the 2007-2008 school year.

On the day the petition was filed, the son was paroled to respondent under NYCCS supervision on the condition that she ensure that he attend school daily absent a medical excuse. Issue was joined on October 19, 2007.

Published on: February 7, 2016

Court Looks at Material Issues of Fact in Case

by Stephen Bilkis

In this contested probate proceeding, the proponent, MP, moves for an order granting summary judgment pursuant to CPLR 3212, dismissing the objections filed by the objectant, RP, and admitting the propounded instrument to probate. RP opposes the motion on the ground that material issues of fact exist.

RP cross-moves for an order: (1) pursuant to SCPA 205, dismissing the probate proceeding on the ground that the decedent was not a domiciliary of Nassau County at the time of his death; (2) pursuant to Article 45 of the CPLR, prohibiting MP from introducing into evidence certain DVDs that MP alleges to be recordings of the decedent; and (3) pursuant to CPLR 4519, prohibiting MP and EP, who is the decedent’s ex-wife and the mother of MP and RP, from testifying at trial as to any statements allegedly made by the decedent. MP opposes the relief requested by RP.

Published on: January 18, 2016

Respondent’s Placement Lapses at New York State Division of Youth During Proceedings

by Stephen Bilkis

In this proceeding under Family Court Act article 10, the New York City Corporation Counsel, on behalf of the Administration for Children’s Services, seeks leave of the court to allow the respondent’s placement with the Commissioner of Social Services [CSS] to lapse, in light of the respondent’s placement with the New York State Division for Youth [DFY].

This court placed the respondent, now fourteen years old, with CSS on October 22, 1991. The Commissioner of Social Services brought a neglect proceeding against the respondent’s father, after the father left respondent in the care of a girlfriend without making any provision for the child’s care. Respondent’s mother died in 1987. CSS worked with the father for the respondent’s return to his care for four years, during which time the father intermittently was incarcerated. In the summer of 1995, the 13 year old respondent ran away from foster care and took up residence with his father.

Published on: January 13, 2016

Plaintiff Files Motion to Dismiss

by Stephen Bilkis

The petitioner/landlord, commenced this holdover proceeding to recover possession of the Section 8 leasehold premises from respondent/tenant, seeking to terminate the month-to-month tenancy. Tenant moves to dismiss the petition in lieu of answering upon grounds that the notice to terminate and petition are legally insufficient and that petitioner’s acceptance of rent after the notice to terminate was sent nullified the effect of the notice. Landlord opposes the motion to dismiss and maintains that it is untimely pursuant to Justice Court Act §1002.

The parties entered into a lease under the Section 8 Tenant Based Assistance Housing Choice Voucher Program, which was executed in October of 2003. Under paragraph 6 of Part A of the lease, the initial term ended on October 31, 2004, at which time the lease automatically renewed on a month-to-month basis. The lease provides that all notices made by owner or tenant must be in writing and makes no reference to landlord’s attorney or agent.

Published on: January 10, 2016

Father Accused of Sexual Abuse of Four Children

by Stephen Bilkis

In this case, respondent mother is the mother of the four subject children. The father is the father of these children and a person legally responsible for them, resides in Grenada where the children resided with a maternal aunt and visited with their father until the summer of 2005. During the years that the twins resided in Grenada, they had telephone contact with respondent mother, however, they rarely saw her.

On January 4, 2007, New York City Children’s Services (hereinafter, “NYCCS”) filed abuse and neglect petitions against respondent mother and respondent father in Kings County Family Court. The petitions alleged that respondent father committed a sex offense against the child. The above incidents were alleged to be in violation of article 130 of Penal Law, including but not limited to §§ 130.20 (sexual misconduct),1 130.65 (sexual abuse in the second degree),2 and 260.10 (endangering the welfare of a minor).

Published on: January 5, 2016

Petitioner Files Suit Against Society for the Prevention of Cruelty to Children

by Stephen Bilkis

The Attorney General brings this action under the Not-for-Profit Corporation Law (“NPCL”) and Article 8 of the Estates, Powers and Trusts Law to obtain injunctive relief against respondent Long Island Society for the Prevention of Cruelty to Children (“LISPCC”) and its officers and directors.

The Long Island SPCC was incorporated as a non-profit corporation under NPCL § 1403. SPCCs have an unusual status under the law. Although they are not governmental agencies, they are given some quasi-governmental powers in order to effectuate the corporate purpose of protecting children from abuse or neglect. For example, the Long Island SPCC may initiate and participate in court proceedings involving child abuse or neglect (NPCL § 1403(b)(1), Family Court Act § 1032 and Judiciary Law §§ 478 and 484), take children who are the victims of abuse and neglect into protective custody (Social Services Law § 417, Family Court Act § 1024), be appointed guardian of the person of a minor or receive or retain, at its own expense, abused or neglected children pursuant to court order [NPCL § 1403(b)(3) ]. Also, the officers and agents of the Long Island [163 Misc.2d 656] SPCC are peace officers who may acquire handguns and make arrests, providing they are acting in furtherance of the SPCC’s child protective mandate (Criminal Procedure Law §§ 2.10 [7-A], 2.20 and 140.25). However, the agents of the SPCCs are not permitted to represent themselves as police officers.

Published on: January 4, 2016

Petitioner Brings Action to Vacate a Deed or Impress a Constructive Trust

by Stephen Bilkis

This action to vacate a deed or, in the alternative, impress a constructive trust, was originally commenced by the executor in Supreme Court, Nassau County, and was transferred to this court by order of Hon. Thomas P. Phelan dated October 21, 2005. RM, executor of the estate of MM, now moves for summary judgment. The respondent, CS, has cross-moved for summary judgment for a declaration that the transfer was a valid gift.

MM died on July 12, 2004 leaving a will dated May 29, 1987 which was admitted to probate by decree dated March 14, 2005. Letters testamentary issued to RM, the petitioner herein. In addition to RM and Catherine, MM was survived by three other children, Thomas, James and William.

Published on: January 3, 2016

Wife Brings Supreme Court Action Declaring Divorce Judgment Void

by Stephen Bilkis

In two matrimonial actions, the husband appeals from (1) an order of the Supreme Court, Westchester County, entered January 31, 1989, in Action No. 1, which directed a joint trial of the actions in Westchester County and granted the wife leave to enter a money judgment in the sum of $21,150, representing arrears in maintenance, and (2) an order of the Supreme Court, Nassau County, dated February 10, 1989, which, based upon the order of the Supreme Court, Westchester County, entered January 31, 1989, referred Action No. 2 to the Supreme Court, Westchester County.

The wife instituted Action No. 1 in the Supreme Court, Westchester County, in 1986, seeking a judgment declaring null and void a Connecticut divorce judgment obtained by the husband in 1985, and ancillary relief. By order entered May 6, 1986, the Connecticut divorce judgment was held a nullity due to lack of jurisdiction. By order dated June 27, 1986, the husband’s counterclaim for divorce in Action No. 1 was dismissed and he was directed to pay the wife permanent maintenance in the amount of $225 per week. It was uncontradicted that the husband unilaterally ceased payment of that maintenance in February 1987.