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2016 Slip Op. 08192

December 7, 2016

This case is an appeal by the plaintiff for an order by the Supreme Court. One order granted the plaintiff’s motion to put the action on calendar for a settlement conference and ask for the dismissal of a complaint against the defendant and Anne Hoffman. This order denied the plaintiff the opportunity to reargue a motion requesting a dismissal of the complaint, insofar as it is asserted against Helena Behan.

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May 4, 2016

Judge Spina commented that in the Guardianship of V.V. 470 Mass 590 (2015) the court ruled that a parent who has a minor child subject to a guardianship proceeding pursuant to G.L. c. 190B. Sec. 5-206 and can’t afford a lawyer does indeed have a right to counsel. The issue here is if a parent has a right to counsel when a parent files a petition to have a guardian removed, or the terms are modified. He court finds that a parent has a right to counsel when they file a petition to have a guardian removed, or the terms modified. The court finds that a parent has a right to counsel for those types of proceedings. The court also offers guidance to the probate and family court, when these guardianship issues occur and to create standards regarding right to counsel.

The plaintiffs are mothers of children where guardians have been appointed pursuant to G.L. c. 190B, Sec. 5-206. They brought this action in County Court, contesting a policy put in place by the Chief Justice of Probate and Family Court regarding the appointment of counsel in guardianship proceedings (G.L. 190B). They challenged a memorandum that was released to the court personnel regarding this issue.

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Jeffery Kaplan, Esq. of Levine & Kaplan for Petitioner

Ari Gourvitz, Esq. of Gourvitz and Grourvitz for Respondent

The parents jointly sought child custody to the Petitioner mother, and voluntary termination and surrender of the father’s parental rights. At the time of the hearing the child was one year old.

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January 22, 2016

Attorney for Petitioner was Maria V. De La Cruz of Jamaica. The attorney for the defendant was Heather Lothrop of Kew Gardens.

The respondent Sandy C. filed for an Order Compelling the Petitioner, Carlos L., to serve a bill of particulars, which is granted (Civil Practice Law and Rules sec. 3041. 3042 [a]).

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Slip Op 07087

October 27, 2017

This is regarding an order for disposition regarding four children, entered on August 2014, and brings up an issue of a fact-finding order. It was concluded that the father (respondent) had neglected the children, which was affirmed. The order was affirmed to the degree that it was found that the father had neglected a fifth child. A subsequent appeal on this issue was dismissed.

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Slip Op 06475

October 52016

This is an appeal by the plaintiff to enforce portions of a divorce judgment from Westchester County, which was entered in December of 2013. In the judgment, the defendant was ordered to maintain his term life insurance until the 20-year term expired. The court ordered the judgment modified by deleting number 21 decretal paragraph, as so modified. The judgment is affirmed and remitted to the Superior Court of Westchester County for a hearing and entry of judgment of divorce. This will include replacement of the 21st decretal paragraph directing both parties to maintain their existing life insurance policies, naming their children as the beneficiaries. The plaintiff is to maintain her policy for 20 years and the defendant’s whole life insurance policy (#4819835) and its cash surrender value is the, in defendant’s separate property.

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2016 NY Slip Op 06816

October 19, 2016

This is an appeal by Norman Rosner for a decision by the Supreme Court, decided on June 26, 2014. The order granted the motion of Christine Rosner, where she was to recover real estate taxes which she was paid on Norman’s behalf to recover Norman’s share of the children’s health insurance costs and unreimbursed medical expenses, direct the sale of the former residence and denied Norman’s cross motion. That motion was to recover damages for fraudulent conversion and dismissed his petition for Christine’s child support obligation and award child support arrears. Order affirmed.

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April 26, 2016

The biological mother (petitioner) Beverly L. surrendered her parental rights of her 2 daughters Kendall and Brooke, and her son Zachary. She signed a Judicial Conditional Surrender reserving the right to visit her children and has done so many times.

The mother filed 2 different orders to show cause to obtain custody of her children due to a failed adoption by the respondent. The mother tells several disturbing stories where both of her daughters were sexually abused by two different men. One child was abused by the adoptive father, the other child was abused by an unrelated third party. The boy was reported bullied in the adoptive home.

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