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Articles Posted in Divorce

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Appellate Court is Reluctant to Disturb the Ruling of the Family Court

W v. W 2018 NY Slip Op 05956 August 29, 2018 Order The defendant appeals from a Supreme Court judgment, where the plaintiff was awarded the maintenance sum of $2,000 per month. The plaintiff also received $100,333.33 representing 1/3 value in the defendant’s business. The court didn’t award the defendant…

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Pillai v Pillai

  2017 NY Slip Op 06470 September 13, 2017 Decision The plaintiff appeals an order from the Suffolk County Supreme Court. The order denied a portion of the plaintiff’s motion which addressed the matter of attorney’s fees, and granted the portion of the motion which ordered the sale of the…

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Scheriff v Scheriff

NY Slip Op 05760 July 19, 2017 Decision The defendant appealed two supreme court orders from 7/31/15. One order denied the defendant’s motion which requested a set off against the plaintiff’s share of their home equal to the unpaid amount of her share of the plaintiff’s pension. The second order…

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Cassarino v Cassarino

2017 NY Slip Op 02623 April 5, 2017 Decision The plaintiff appeals a decision from the Duchess City Supreme Court. The plaintiff filed a motion to hold the other party in civil contempt (for violating part of the separation agreement), which was made part of the order for divorce dated…

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Court Rules on a Sister State Divorce Judgment

This case involves the enforcement of a sister-state divorce judgment, with respect to arrears in alimony and support payments, pursuant to the ‘Uniform Enforcement of Foreign Judgments Act’ (article 54 of the CPLR) brought before the Supreme Court, Special Term. Sometime in Junuary 1973, the plaintiff-wife commenced an action for…

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Genzone  v Genzone

2017 NY Slip 00148 January 11, 2017 Order Plaintiff appeals from a Supreme Court order, that granted those parts of the defendant’s motion (CPLR 5015 (a)(1) and 3012 (d) which upon the defendant’s default granted the plaintiff’s motion under CPLR 3124 and 3126. An inquest was ordered to examine equitable…

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Ralis v Ralis

NY Slip Op 00205 January 11, 2017 Decision This case is an appeal by the defendant regrading parts of a divorce judgment. In the decision the court ordered an equitable distribution of marital assets and awarded the defendant maintenance. The plaintiff owned three properties before marriage, but changed to marital…

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Matter of Delroy

2015 NY Slip Op 04676 The order of the Appellate Division should be reversed and remitted to Family Court. Eleven year old Delroy was involved in a juvenile delinquency hearing that involved assault and attempted assault in the first, second, third degree. These charges arose during an incident with a…

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Horne v Horne

NY Slip Op 08198 December 7,2016 This is an appeal by the defendant for portions of a divorce judgement from the Supreme Court in Nassau County. The judge denied the defendant’s application for a separate property credit, and order the defendant to pay 2/3 of a HELOC, imputed the defendant’s…

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