In an action for a divorce and ancillary relief, in which the parties entered into a stipulation of settlement in open court, the complainant appeals from an amended order of the Supreme Court which awarded the defendant counsel fees in the sum of $15,000 and directed that he pay retroactive…
Articles Posted in Custody
Issue in this Case is Whether Court Erred in Granting Retroactive Child Support
In an action for a divorce and ancillary relief, in which the parties entered into a stipulation of settlement in open court on December 16, 2009, A New York Family Lawyer said that, the plaintiff appeals from an amended order of the Supreme Court, Suffolk County, dated March 8, 2010,…
Issue in this Case is Whether Defendant Should be Held for Contempt
A New York Family Lawyer said that, in a matrimonial action in which the parties were divorced by judgment of divorce entered May 5, 2003, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County, dated September 2, 2008, which denied her post judgment motion to hold…
Court Decides if Ten Day Notice to Quit is Valid
A New York Family Lawyer said that, by motion dated January 5, 2009, respondent seeks to dismiss the instant proceeding, alleging that she is not a licensee and therefore cannot be evicted in a summary proceeding. Petitioner opposes the motion and, pursuant to CPLR 3212 (b), requests summary judgment and…
Appellant Unable to Keep Up with Support Obligations Due to Unemployment
In a proceeding pursuant to Family Court Act § 454 to enforce an order of support, appellant appeals from an order of the Family Court, Suffolk County which committed him to the Suffolk County Jail for a term of one month. A New York Family Lawyer said that in a…
Appellate Court Contends Marital Property Not Properly Divided
The parties were married in June 1973, and had one child, born on 1978. Sometime in 1985, the plaintiff husband moved out of the marital home. The wife cashed the parties’ joint certificate of deposit in the amount of $500. The husband took the parties’ 1984 Mazda pick-up truck, which…
Court Referee Claims He Cannot Remain Impartial
Respondent was admitted to practice by this court in 1967 and maintains a law office in. By a petition, petitioner, the Committee on Professional Standards, brings two charges of professional misconduct against respondent: (1) making false accusations and assertions against a Family Court hearing examiner in a letter; and (2)…
In a Divorce Action Couple Deals with Mortgage Payments
In a matrimonial action, the plaintiff wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County, as directed her to delete the last paragraph from a proposed mortgage note and paragraph 20 from a proposed mortgage which were to be executed…
Mother Applies for Social Services for Unborn Child
Petitioner applied for public assistance and medicaid from the Nassau County Department of Social Services for herself and her unborn child. At the time of the application, she was 20 years old and living separate and apart from her husband and residing in the home of her parents. Without any…
Court Discusses Equitable Estoppel Doctrine
This matter was referred to the court by a Child support Magistrate, for the purpose of inquiry into the question of whether the petitioner may invoke the equitable estoppel doctrine in this paternity matter. A Suffolk County Child support attorney said that the court set a briefing schedule; all papers…