New York Family Law Blog

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.

Published on: January 2, 2016

Court Hears Case Regarding Domestic Relations Law

by Stephen Bilkis

This court has before it objections to the decision and order of Hearing Examiner Miklitsch dated April 4, 1994. The petitioner, represented by the County Attorney of Rockland County, objects to the dismissal of her petition brought under Article 3-A of the Domestic Relations Law which sought enforcement of a Kings County Family Court order of support and collection of arrears.

On January 24, 1994 the petitioner, Marsha Dow, filed with this court a petition under Article 3-A of the Domestic Relations Law of the State of New York (Uniform Support of Dependents Law [USDL]. Petitioner was a resident of Queens County, New York. Consequently, the clerk of the Queens County Family Court forwarded the petition, along with a certificate signed by a judge of that county, to the Rockland County Family Court wherein the respondent resides. On March 8, 1994 the matter appeared on the calendar of the hearing examiner of this court. Petitioner was represented by the office of the Rockland County Attorney and the respondent was represented by private counsel. The hearing examiner dismissed the petition on that date and a formal order was signed on April 4, 1994. In said order, the hearing examiner stated as the reason for the dismissal, a New York order is not a foreign order under statute. The petitioner has objected to this determination. Respondent has not interposed a rebuttal.

The issue to be decided is whether a petitioner who is a resident or domiciliary of one county of the State of New York can maintain a proceeding under Article 3-A of the Domestic Relations Law to enforce the terms of a New York State order of child support against a respondent who is a resident or domiciliary of another county of the State of New York.

Published on: December 14, 2015

Petitioner Contends that Nassau County Police Violated Freedom Information Laws

by Stephen Bilkis

This is a hybrid proceeding for relief under the Freedom of Information Law (“FOIL”), set forth in Article 6 of the Public Officers Law,§§ 84-90, and for related declaratory and mandamus relief. Petitioner/plaintiff asserts that the respondent/defendant Nassau County Police Department (“NCPD” or “respondent”) has violated FOIL by consistently failing to respond properly to legitimate requests for information and documents.

This case seeks not only a vacatur of denials for certain information, but also a declaration by the Court that NCPD has engaged in a pattern and practice of refusing to obey the law, and a judgment in mandamus directing the NCPD to do what it is bound to do under FOIL. It also seeks a related direction ordering respondent, in effect, to certify to the Court annually that it is in compliance with the statute. Finally, petitioner seeks to recoup its costs, including legal fees, expended in its efforts to obtain the information sought.

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 12, 2015

Respondent Claims Petition is Fatally Defective, Made Wholly on Information and Belief

by Stephen Bilkis

The respondent appears specially, by counsel, contesting the jurisdiction of this court on the ground that the petition is fatally defective, in that it is made wholly on information and belief.

The petition charges the respondent with being a juvenile delinquent in that he committed certain acts in violation of the Penal Law as well as of a local municipal ordinance. The petitioner alleges that he is a person authorized to institute such a proceeding under article 7 of the Family Court Act by reason of the fact that he is one who suffered injury as a result of the said illegal acts of the respondent.

Published on: December 11, 2015

Plaintiff Alleges Former Husband Comitted 3d Degree Assault

by Stephen Bilkis

In this family case, defendant moves this Court for an order, pursuant to Criminal Procedure Law § 170.30(1)(f), dismissing the charge of Assault in the Third Degree on the grounds that there exists a legal impediment to conviction.

That Complainant executed a misdemeanor information on December 8, 1990, alleging that her former husband intentionally caused physical injury to her on December 8, 1990 at 6:10 p.m. in the Village of Hastings-on-Hudson, New York.

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: December 9, 2015

Plaintiff Fails to State a Cause of Action

by Stephen Bilkis

The motion by defendant Board of Education of the Long Beach School District to dismiss the complaint for failure to state a cause of action is granted.

This is a pro se action for educational malpractice and the wrongful bringing of a neglect proceeding in the Family Court. Plaintiff and her husband have a 14 year old daughter who attends public school in Long Beach. Defendants are the Board of Education of the Long Beach School District and the Nassau County Department of Social Services (“DSS”).

Published on: December 8, 2015

Petitioner Files for Divorce Based on Cruel and Inhumane Treatment

by Stephen Bilkis

The Plaintiff (“Husband “) commenced this action for divorce on November 24, 2008, by filing the Summons with Notice with the Nassau County Clerk. Plaintiff’s Verified Complaint sets forth causes of action for cruel and inhuman treatment, abandonment, and adultery. Defendant (“Wife”) interposed a Verified Answer denying certain allegations, demanding certain relief, and setting forth Affirmative Defenses for, inter alia, violation of the relevant statute of limitations; lack of specificity; failure to state a cause of action; forgiveness of the acts of adultery; and recrimination.

The parties were married on May 22, 1979 in Jerusalem, Israel. There are two emancipated children of the marriage. Husband filed a prior action for divorce in the Supreme Court, Suffolk County, which was discontinued on June 25, 2008. A second action was commenced by Husband in Nassau County Supreme Court on July 1, 2008 by the filing of a Summons with Notice with the Nassau County Clerk. The second action was discontinued on consent of both parties. The instant action is the third action for divorce commenced by Husband.

Published on: November 23, 2015

Court Rules on Guardianship Proceeding

by Stephen Bilkis

The petitioner, Delmi Y. (hereinafter referred to as “petitioner”), has filed a petition with this Court requesting that she be appointed as the guardian of her twelve-year-old nephew Orlin C. Y. (hereinafter referred to as “minor child”). The attorney for the minor child joins in the petitioner’s application and requests that this Court additionally issue an Order of Special Findings which would enable the minor child to petition the Department of Homeland Security for Special Immigrant Juvenile Status pursuant to Immigration and Nationality Act §101(a)(27)(J) and 8 Code of Federal Regulations §204.11. The respondent Carmen Y. is the biological mother of the minor child. The respondent Juan C. is the biological father of the minor child.

In addition to the petition, the petitioner and the minor child’s attorney have submitted the following: an affidavit from the minor child, a birth certificate for the minor child, a translated document signed by the minor child’s mother consenting to the petitioner having custody of the minor child, an affidavit indicating the efforts made to locate the minor child’s father, a document from the Ministry of the Public Attorney General of the Republic of El Salvador, and various other paperwork written in Spanish. Also provided was a Memorandum of Law, and a letter from the minor child’s attorney indicating that Federal Immigration Removal Proceedings are currently pending against the minor child. This Court ordered an investigation by the Nassau County Department of Social Services (hereinafter referred to as “D.S.S.”) regarding this matter. As part of their investigation, D.S.S. interviewed the minor child and the petitioner. D.S.S. provided this Court with a detailed report of the interviews and their findings.