Staten Island

Published on: December 13, 2015

Petitoner Files Regarding Juvenile Delinquency Matter

by Stephen Bilkis

In this family case, Respondent moves this Court by way of Notice of Motion to with draw his admission with respect to this juvenile delinquency matter; and assuming that that part of the motion is granted, to restore the original petition “as it existed at the time of the admission;” and thereafter to proceed with the fact-finding hear-ing.

The Nassau County District Attorney’s Office originally charged this Respondent in the District Court of Nassau County with the offense of burglary in the first degree in violation of §140.30(2) of the Penal Law, a class B felony. Thereafter, and on May 30, 2006, a Judge of the District Court, with the consent of the District Attorney’s Office, and of the Defendant’s attorney, transferred this matter, for all purposes, to the Family Court.

Published on: December 10, 2015

Court Looks at Terms of Bond Held by Department of Social Services

by Stephen Bilkis

This is an action by plaintiff, as mortgagor, of her premises at New York for a judicial declaration regarding the terms of a bond and mortgage signed October 28, 1966.

Plaintiff alleges in her complaint that the terms of this bond and mortgage should be limited to the amount of $7,500.00. The Department of Social Services as current holder of the bond and mortgage is seeking an amount in excess of $36,000.00 pursuant to plaintiff’s having received such payments for the support of herself and her family as a recipient of the Aid to Dependent Children program.

Published on: November 17, 2015

Plaintiff Brings Case Regarding Collateral Estoppel

by Stephen Bilkis

The defendants contend the doctrine of collateral estoppel is applicable and would warrant a dismissal of these proceedings. On or about June 22, 1969, five youths were arraigned upon a complaint in the First District Court, Nassau County, New York, charged with violation of New York State Penal Law § 105.10 in that on June 21, 1969 at about 3:45 P.M. near the Southern State Parkway and Corona Avenue in North Valley Stream, Nassau County, New York, ‘the said defendants and each of them and each acting in concert with and aided and abetted by each other, with intent that conduct constituting a felony be performed did each agree with the other to engage in or cause performance of such conduct, to wit: the said defendants with the intent to violate § 130.35 of the Penal Law of the State of New York when by forcible compulsion they engaged in sexual intercourse with the complainant.’

Four of the youths were subsequently indicted by the Nassau County Grand Jury on July 16, 1969 for the crimes of Rape in the First Degree (P.L. § 130.35) and Sexual Abuse in the First Degree (P.L. § 130.65) and arraigned in the Nassau County Court under indictment number 27613. The fifth boy was less than 16 years of age at the time of the alleged criminal acts and was charged with being a juvenile delinquent in the Family Court of Nassau County under Article 7 of the New York State Family Court Act.

Published on: November 3, 2015

Court Hears Disturbing Case of Abuse and Neglect

by Stephen Bilkis

At issue on this appeal is whether the City of New York and a child protective service, defendant Louise Wise Services (LWS), sued herein as Louise Wise Agency, are insulated by immunity from liability for injuries allegedly sustained by children, both in connection with their judicial placement into the foster care system and subsequently, while in the custody of various foster homes. This Court concludes that although these defendants are insulated from liability with respect to the initial placement, they are answerable for any injuries sustained as the result of the failure to adequately supervise foster parents to ensure that children entrusted to their care are not subjected to mistreatment.

The plaintiffs Deborah (Debbie) and Sean M. are siblings, born on December 29, 1976 and January 16, 1980, respectively. They were removed from the child custody of their natural parents in February 1982 after it was determined that the five-year-old Debbie had contracted gonorrhea of the throat. The children were first placed with defendant Catholic Guardian Society and, after approximately two months, were transferred to the custody of defendant LWS. At her deposition, Debbie testified, inter alia, that in the first foster home, she was kept in her room “hour after hour.” In the second home, she was beaten and pushed into a glass, cutting her wrist; the foster mother told Debbie to say that she had fallen off a bicycle. Ms. Vasquez, the third foster parent, pulled her hair, struck her and routinely confined her to a room; a male child in the same home fondled her, at least once, between the legs. Debbie was then between five and seven years old. In another home on Long Island, the foster parent was not abusive, but the older children used to have “oral sex parties” with Debbie. She was ultimately returned to her mother’s home, where she was subjected to constant physical abuse by her mother and stepfather.

The complaint, dated September 5, 1985, alleges that plaintiffs were subjected to physical and sexual abuse, both within and outside the foster care system. The first and second causes of action allege that the City of New York and its agencies, the Human Resources Administration and the Department of Social Services (collectively, the City), failed to act on reports of abuse and neglect received since January 1977 by taking timely and appropriate action to remove, respectively, plaintiff Debbie M. and plaintiff Sean M. from the custody of their biological parents. The third and fourth causes of action allege that from the time they were placed in foster care in February 1982 until March 1984, plaintiffs were subjected to abuse and neglect in a series of foster homes and were denied adequate medical care. It is further alleged that after Family Court returned them to their mother’s home, plaintiffs were subjected to further abuse and neglect. The complaint asserts that defendants breached their duties to investigate complaints of abuse and neglect, to provide a clean and safe environment for the children and to furnish appropriate medical treatment.

Published on: October 7, 2015

Petitioner Brings Lawsuit Regarding Licensing Issue

by Stephen Bilkis

In this summary license holdover proceeding commenced pursuant to Real Property Actions and Proceedings Law (“RPAPL”) § 713(7), petitioners seek to recover possession of the premises located at 173 Lake Drive, Wyandanch, New York (“the Subject Property”). Petitioners contend that the license of respondent to occupy the Subject Property has been revoked.

Most of the dispositive issues were undisputed. Petitioners are the owners of the Subject Property. In or about May or June 2007, Respondent moved into the Subject Property with her paramour petitioner’s son after learning she was pregnant with Nicholas. Mr. Robinson is the biological father of respondent. The parties acknowledged that there are no custody or child support matters pending.

Published on: October 3, 2015

Court Decides Private Placement Adoption Action

by Stephen Bilkis

This private placement adoption action presents a number of intertwined legal issues that highlight the shortcomings of the private placement adoption statutes in New York State. The infant who is the subject of the case has now been in the home of the petitioners since February 21, 1998 without the benefit of a valid adoption consent from the parents or a currently valid pre-adoption certification order. The adoption agency that originally accepted custody of the child is no longer supervising this placement because it was not licensed in the state where the child was born. Additionally, the fees charges by the principals involved may not be entirely allowable under New York State law.

There is little statutory or caselaw guidance available to assist the court in unraveling these dilemmas, and few satisfactory remedies available for the obvious failures of those charged with caring for this child to follow the statutory requirements contained in the Domestic Relations Law. What seems apparent, however, is that along the way many purportedly well-intended people ignored the law, creating a situation that puts this adoption in jeopardy.

After an initial review of the adoption petition and the supplementary documents supplied by petitioner’s counsel with his letter dated August 3, 1999 the court issued a decision identifying legal issues of concern.

Published on: September 20, 2015

Defendant Claims Lack of Jurisdiction in Court Proceeding

by Stephen Bilkis

The defendant moves, pursuant to CPL 210.20(1)(e) and (h), to dismiss the fourth count of the captioned indictment. In support, he presses two grounds. First, the defendant contends that this court lacks jurisdiction over that charge of Criminal Contempt in the Second Degree. Next, he maintains that trial of this count would constitute double jeopardy in any event.

The court has extensively examined all relevant federal and state constitutional provisions, sections of the Penal Law, Judiciary Law, Criminal Procedure Law and Family Court Act, and case law. Upon that review, it is not convinced that dismissal is warranted on either ground urged by the defense. However, for the reasons set forth below, count four of the indictment is dismissed in the interest of justice. CPL 210.20(1)(i).

Published on: August 31, 2015

Court Decides Private Placement Adoption

by Stephen Bilkis

In this private placement adoption the natural mother of the subject child, born on October 21, 1976, and her husband, the alleged father, by order to show cause dated November 17, 1977 request an order: (1) vacating and setting aside the natural mother’s consent to the subject child’s adoption; (2) dismissing the adoption proceeding filed by the respondents; (3) requesting the court to determine the custody of the child; and (4) directing the respondents to deliver the subject child to the petitioners.

Following extensive and protracted pre-trial discovery by all parties, testimony was heard by Surrogate for 16 days commencing November 17, 1978 and concluding on July 1, 1980. The transcript is in excess of 2,100 pages with 23 exhibits in evidence. During the course of the discovery and hearing, the court rendered 8 decisions, and the guardian ad litem appointed by the court to represent the interests of the child filed 3 interim and 1 final report. On July 31, 1980, before he could render a decision, Surrogate retired, which requires this court to render a decision on a bitterly contested matter which it did not hear.

Published on: July 21, 2015

Petitioners Bring Case Regarding Food Stamp Benefits

by Stephen Bilkis

Petitioners/plaintiffs commenced this hybrid proceeding/class action in June 2006, challenging reductions in their food stamp benefits. The reductions were made pursuant to a pilot project entitled the Group Home Standardized Benefit Program (“GHSBP”), instituted by Respondent/Defendant who is the Commissioner of the Office of Temporary and Disability Assistance (“OTDA”) of the New York State Department of Family Assistance.

In the course of the proceedings herein, Plaintiffs were granted partial summary judgment on their claim that the State Defendant’s implementation of GHSBP violated the state constitutional and statutory rulemaking requirements, Intervenor was granted leave to intervene, the application for certification of the Plaintiff class was denied, and the State Defendant’s motion for summary judgment was denied. By decision and order dated May 19, 2009, the Appellate Division, Second Department, reversed the denial of class certification and identified the Plaintiff class as “consisting of all recipients of food stamps in the State of New York whose food stamp benefits were determined and reduced under the Group Home Standardized Benefit Program and whose monthly income included payments of Supplemental Security Income benefits.

Published on: July 16, 2015

Petitioners Request Final Judgment

by Stephen Bilkis

A motion (seq. No. 1) by the attorney for the petitioner for an order pursuant to Article 78 of the Civil Practice Law and Rules to compel the County Respondents to reduce petitioners’ total assessments on the April 2006 final roll by applying RPTL § 1805 assessment limitations and caps, and defining “assessment” as full property value-or-if a lower total assessment reduction results, to apply RPTL § 1805 assessment limitations to the parcel’s land assessment, and defining “assessment” as the full property value and “land assessment” as the full land value; to compel respondents, when applying RPTL § 1805 assessment limitations, to use an assessment as reduced by judicial review as the “previous year’s” assessment; and to compel Nassau County to pay refunds for any overpaid tax bills is determined as hereinafter set forth and adjourned suasponte to November 15, 2007. Cross-motion (seq. No. 2) by the attorney for the respondents for an order pursuant to CPLR § 3211(a)(5) and CPLR 3211(a) (7) dismissing petitioners’ Article 78 proceeding is denied.

The petitioners bring the within Article 78 proceeding for a judgment declaring that the alleged disparate treatment of petitioners’ class one property compared to class two and four properties with respect to lowering the level of assessment to avoid the application of RPTL § 1805 constitutes a violation of the equal protection clauses of the State and Federal Constitutions and petitioners are entitled to a refund from Nassau County for any overpaid tax bills.