Westchester County

Published on: December 15, 2024

Court addressed restrictions on communication and social media in divorce. Kassenoff v. Kassenoff, 213 A.D.3d 822 (N.Y. App. Div. 2023)

by Stephen Bilkis

Divorce proceedings often involve disputes that extend beyond financial and custodial issues, sometimes requiring courts to address matters like communication and speech. In a case decided by the Supreme Court of Westchester County, the court reviewed restrictions on the defendant’s communication with employees of the plaintiff’s employer and on both parties’ use of social media. The defendant challenged these restrictions, claiming they violated her constitutional rights.

Background Facts

The parties in this case were involved in a divorce action. During the proceedings, issues arose concerning the defendant’s communications with employees of the plaintiff’s employer. The plaintiff’s employer was also the defendant’s former employer, and the plaintiff alleged that these communications interfered with his professional life. Additionally, concerns were raised about the potential impact of social media posts by either party on their children and their reputations.

Published on: September 15, 2024

Court addressed maintenance, child support, and reimbursement disputes in a high-income divorce case. Tuchman v. Tuchman, 201 A.D.3d 986 (N.Y. App. Div. 2022)

by Stephen Bilkis

This case involved a divorce and related financial matters, including maintenance, child support, and equitable distribution. The Supreme Court, Westchester County, addressed disputes over payments, income allocation, and financial obligations between the parties. Both the plaintiff and the defendant challenged various aspects of the court’s rulings.

Background Facts

The plaintiff and defendant were married in January 1985 and had four children. At the time of the trial, two of their children were still unemancipated. In November 2012, the plaintiff filed for divorce, seeking ancillary relief. Over the course of the proceedings, the parties entered into a stipulation of settlement in June 2017, resolving issues related to equitable distribution, property, and legal fees. However, other matters, including maintenance and child support, proceeded to trial.

Published on: July 28, 2016

Court Hears Disturbing Neglect Proceeding

by Stephen Bilkis

In a neglect proceeding pursuant to Family Court Act. Article 10, the maternal grandmother appeals from an order of the Family Court, Kings County, dated April 7, 2009, which suspended her visitation with the subject child and directed the Administration for Children’s Services to instruct the subject child’s school not to provide any information to her or allow her access to the subject child. Assigned counsel has submitted a brief in accordance with one case decided by the court, in which he moves to be relieved of his assignment to prosecute this appeal.

In child protective proceedings, counsel said the Commissioner has the burden of establishing abuse and neglect by a preponderance of the evidence. The statute provides that “proof of injuries sustained by a child or of the condition of a child of such a nature as would ordinarily not be sustained or exist except by reason of the acts or omissions of the parent or other person responsible for the care of such child shall be prima facie evidence of child abuse or neglect”. Upon proof to establish a prima facie case, the respondent must offer a satisfactory explanation to rebut the evidence of neglect. In rendering its decision, the court must set forth the specific grounds for its finding that the child had been abused or neglected.

Counsel said an order as suspended visitation between the maternal grandmother and the subject child must be dismissed as academic because that portion of the order has been superseded by a permanency hearing order dated June 11, 2009, awarding the maternal grandmother visitation with the subject child in accordance with the permanency plan.

Published on: June 6, 2016

Court Decides if Children Should Remain in Foster Care

by Stephen Bilkis

The question presented by the instant case is whether the evidence adduced on NYCCS’s direct case at the combined Family Court Act § 1027 hearing, for the child DD, and Family Court Act § 1028 hearing, for the children JJ and BB, establishes imminent risk sufficient to warrant the children remaining in non-kinship foster care during the pendency of these proceedings. In the Court’s view, that question must be answered in the negative since any possible risk to the children from the father can be mitigated by the issuance of a temporary order of protection and an order that the mother re-enter a domestic violence shelter and resume domestic violence counseling, as well as her participation in other recommended services.

This proceeding was initially commenced on June 3, 2010, when NYCCS filed petitions against respondent mother and respondent father pursuant to Article 10 of the Family Court Act. The petitions alleged that the mother and father failed to provide a minimum degree of care to their three children since the father committed acts of domestic violence against the mother in the presence of the children and both parents failed to ensure that the school-aged children attended school regularly.

Upon the filing of the petition, the court granted NYCCS’s request for a removal of the children and directed that they be restrictively placed with the maternal grandmother. In addition, the court entered a temporary order of protection against the father. That order directed the father to refrain from committing any family offenses against the children or the maternal grandmother and stay away from them except for visitation supervised by the grandmother or the agency.

Published on: April 28, 2016

Mother Appeals Ruling Terminating Her Parental Rights

by Stephen Bilkis

This is a motion brought before the Appellate Division of the Supreme Court of the State of New York, Second Department, by the respondent on appeals from two orders of fact-finding and disposition of the Family Court, Kings County, (one as to each child), both dated 9 June 2006, inter alia, to amend a decision and order of the Court dated 30 October 2007.

The court denied the motion, based upon the papers filed in support of the motion but ordered granted that branch of the motion which was to amend the decision and order. Thus, the decision and order of the Court dated 30 October 2007, in the above-entitled matter was recalled and vacated. The following decision and order was substituted.

The case:

Published on: April 16, 2016

Father Files for Modification of Custody Order

by Stephen Bilkis

The petitioner and respondent are the parents of a nine (9) year old child. The parties obtained a judgment of divorce in New Jersey on June 13, 2003 and, on consent, were awarded an order of joint legal custody for the child.

A Kings County Family Lawyer said that the father filed a violation petition and a petition for modification of the custody order on April 25, 2007. The father was seeking a specific and expanded visitation schedule. By stipulation the parties resolved the visitation issues between them prior to trial.

The mother had filed a petition to modify the custody order to provide for sole legal custody of the child on May 6, 2008. A trial was conducted in Kings County Family Court for the sole purpose of determining whether the existing order of joint legal custody should be modified to award sole legal custody to the mother.

Published on: February 7, 2016

Stepdaughter Files Claim for Aggravated Harrassment

by Stephen Bilkis

The information dated March 28, 1968, charges the crime of Aggravated Harassment in violation of section 240.30, subdivision 2 of the Penal Law. The complaint is made and sworn to by ERG, who is defendant’s step-daughter.

Pursuant to the information, a summons for purposes of investigation was issued and served by mail. Defendant has appeared specially by her attorney and makes the within motion to vacate the summons upon the grounds that any controversy between the complainant and her father’s wife is exclusively in the jurisdiction of the Family Court and the District Court is without any jurisdiction in this matter.

Published on: January 15, 2016

Court Decides Whether an Assault Charge is Considered a Family Offense

by Stephen Bilkis

This misdemeanor information alleging the perpetration of an assault third by one Susan O’Toole and another upon the person of one Cathy O’Toole was transferred to the Family Court by the District Court, the County of Suffolk: First District.

Briefly stated, the facts are as follows: Cathy O’Toole went to a bar with her parents and brother where she saw respondent, Susan O’Toole, her brother’s wife. Susan and Cathy’s brother had been separated for some time. It is alleged by Cathy that she was assaulted by Susan and another in a parking lot outside the bar. Susan and Cathy do not reside in the same house.

Published on: January 12, 2016

Court Discusses Problems With Trust Language

by Stephen Bilkis

After providing for a number of bequests, legacies and trusts in various articles of her last will and testament, Maude S. W. McKay, the decedent, disposed of the residue of her estate in the following language

‘TENTH:–All the rest, residue and remainder of my Estate, both real and personal, and wheresoever situate, I give, devise and bequeath unto The Ministers & Missionaries Benefit Board of the Northern Baptist Convention, a corporation of the State of New York, to be invested and reinvested and the income applied to the objects of said organization.

Published on: January 11, 2016

Wife Brings De Novo Hearing Regarding Support

by Stephen Bilkis

The family case at bar involves a petition for support filed pursuant to the Florida Uniform Reciprocal Enforcement of Support Law. The petitioner-wife seeks a de novo hearing relative to support for the two children of the parties’ marriage as well as support for herself. Respondent-husband, a Suffolk County resident, opposes the petition on the basis that there is presently an existing support order emanating from the Nassau County Family Court and, therefore, the petitioner’s application should be treated as one seeking an upward modification of an order of another court. Respondent contends that the Family Court may transfer the within matter pursuant to Family Court Act Sections 171 and 174 and, therefore, justify this court’s denial of a de novo hearing.

Section 41(1) of the Domestic Relations Law provides that the Uniform Support of Dependents Law ‘. . . shall be construed to furnish an additional or alternative civil remedy and shall in no way affect or impair any other remedy, civil or criminal, provided in any other statute and available to the petitioner in relation to the same subject matter.’ Section 411 of the Family Court Act provides the Family Court with exclusive original jurisdiction over support proceedings initiated under both Article 4 of the Family Court Act and in proceedings under Article 3-A of the Domestic Relations Law, known as the Uniform Support of Dependents Law. In light of this original jurisdiction and the above mentioned Section 41(1) of the Domestic Relations Law, petitioner had a choice to proceed under either the Uniform Support of Dependents Law or seek a transfer of the pending case from Nassau County and then an upward modification and enforcement of that Family Court order pursuant to the Family Court Act.