New York Family Law Blog

Published on: February 13, 2016

Husband Charged with Harrassment of His Wife

by Stephen Bilkis

The defendant has been charged with several violations of the Penal Law in that he engaged in a course of conduct whereby he did harass, threaten and endanger his wife’s life.

The complainant wife pursuant to Section 812 of the Family Court Act as amended L.1977, c. 499, Sec. 1, and effective September 1, 1977, did exercise her right to proceed with a complaint in the District Court as opposed to the Family Court. As a result defendant husband now faces criminal liability.

The defendant now moves for a dismissal of the three informations pursuant to Section 170.35 of the Criminal Procedure Law, alleging the informations are defective in that this Court is without jurisdiction of the offenses charged.

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 10, 2016

Petitioner Claims State Action Unlawful Regarding Public Assistance Benefits

by Stephen Bilkis

On early December 1971, JR was the grantee of public assistance for the benefit of her four children in the Aid to Families with Dependent Children (AFDC) category. All five lived in a home in Levittown, New York, which was then owned by Mrs. JR and her former husband as tenants in common.

On December 21, 1971, Mr. JR sold his interest in the home to Mrs. JR’s parents for $9,700. Representatives of the Nassau County Department of Social Services, present at the sale, took $2,600 of the proceeds to satisfy a debt for prior public assistance issued to the family. Mrs. JR then, as part of the whole transaction, conveyed her own one-half interest in the home to her parents for no proven consideration, and she continued to live in the home with the children.

Published on: February 9, 2016

Petitioner Was Grantee of Public Assistance for Four Childen

by Stephen Bilkis

In early December 1971, JR was the grantee of public assistance for the benefit of her four children in the Aid to Families with Dependent Children (AFDC) category. All five lived in a home in Levittown, New York, which was then owned by Mrs. JR and her former husband as tenants in common.

On December 21, 1971, Mr. JR sold his interest in the home to Mrs. JR’s parents for $9,700. Representatives of the Nassau County Department of Social Services, present at the sale, took $2,600 of the proceeds to satisfy a debt for prior public assistance issued to the family. Mrs. JR then, as part of the whole transaction, conveyed her own one-half interest in the home to her parents for no proven consideration, and she continued to live in the home with the children.

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: 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: February 6, 2016

Court Looks at the Issue of Kinship

by Stephen Bilkis

In this accounting of the Public Administrator, the issue of kinship was referred to a court attorney/referee pursuant to SCPA 506. A hearing was conducted and various documents were admitted into evidence, including the purported family tree. All parties stipulated to waive the report of the referee and to allow the kinship issues to be decided by the court based upon the transcript of the hearing, the documentary evidence and the arguments made by the claimants and the guardian ad litem representing the interests of unknown distributees.

JP died on March 1, 2005, a resident and domiciliary of Nassau County. Letters of administration issued to the Public Administrator on July 1, 2005. The summary statement shows charges to the accounting party of $127,103.26.

Published on: February 5, 2016

Infant Based Plaintiff Sues for Exposure to Lead Paint

by Stephen Bilkis

The motion of defendant the City of New York (hereinafter the “City”) for summary judgment and dismissal of the complaint and cross claims against it is denied.

This is an action to recover damages for personal injuries allegedly sustained by the infant plaintiff, JP, due to exposure to lead-based paint between March 1992 and May 1994, while in foster care with defendants at their residence located at 22 Winter Avenue, Staten Island, New York.

Published on: February 4, 2016

Plaintiff Brings a Suit for Declaratory Judgment

by Stephen Bilkis

Plaintiffs commenced the within declaratory judgment action seeking a declaration that the emergency rule is null and void, ultra vires and unconstitutional, as a taking of property without just compensation. The complaint also alleges that the rule violated Real Property Law § 226-b which regulates the assignment of leases; Real Property Law § 235-f which creates a right of occupancy but not leasehold rights for roommates; Domestic Relations Law § 11 which sets out the requirements and means for the solemnization of a marriage; and the administrative limitations in the Omnibus Housing Act of 1983, and the State Administrative Procedure Act.

By order to Show Cause dated November 13, 1989 plaintiffs moved in Supreme Court, Albany County, for a preliminary injunction enjoining the implementation of the emergency rule. An order to show cause was granted, which restrained the DHCR from “implementing or effectuating said Emergency Rule, or in any other manner promulgating, issuing, implementing or effectuating the terms, conditions or requirements thereof,” but made the motion returnable in Supreme Court, New York County.

Published on: February 3, 2016

Court Decides Permanent Custody of Child Based on Child Abuse Allegations

by Stephen Bilkis

The petitioner filed the instant petition seeking an order of child support against the respondent. A hearing was held with respect to the petitioner’s application. The petitioner’s application is denied.

On April 1, 2002, the petitioner, Frances W., filed a petition against the respondent, Steven M., seeking support for her niece, Melissa M., who is the daughter of the respondent. The support petition was originally dismissed on September 24, 2002 by a hearing examiner in Queens Family Court. By order of a judge of the Queens Family Court, however, the order of dismissal was vacated on November 13, 2002 and the matter remanded back to the hearing examiner to enter a temporary order of support in accordance with Family Court Act § 434 and for further proceedings. On March 13, 2003, that same Family Court judge stayed the proceedings on the support petition until such time as a court enters an order providing for temporary or permanent custody or guardianship of the subject child. As a result, there is no temporary order of support in place as to the instant petition.