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…
Articles Posted in Queens
Court Discusses the Meaning of “Household” Under the Family Court Act
The defendant was charged by an information sworn to by the complainant with a violation of Section 242, subd. 3 of the Penal Law, in other words, with a second degree assault. Upon arraignment, he was represented by counsel, namely the office of the Public Defender of the County of…
Court Decides Whether to Terminate Parental Rights
In three related proceedings pursuant to Social Services Law § 384–b and Family Court Act article 6 to terminate parental rights on the ground of permanent neglect, the mother appeals from three orders of disposition of the Family Court, Nassau County (Dane, J.)(one as to each child), all dated…
Court Listens to Two Child Neglect Proceedings
A New York Family Lawyer said that in two related child neglect proceedings pursuant to Family Court Act, the appellant father appeals from so much of an order of the Family Court as denied his motion to vacate a fact-finding order of the same court, made upon his default in…
Father Seeks to Modify Restraining Order Against Him
A New York Family Lawyer said in a proceeding pursuant to Family Court Act article 8 and Domestic Relations Law article 5-A (Uniform Child Custody Jurisdiction and Enforcement Act), the father appeals from an order of the Family Court, Nassau County, which, without a hearing, dismissed without prejudice his petition,…
Father Claims Ex-Wife Willfully Prevented him from Exercising Visitation Rights
A New York Family Lawyer said a man sought an order to have his former wife held in contempt for her willful and deliberate failure to comply with the stipulation of settlement, in that he allegedly interfered with his right to frequent and regular visitation with and telephone access to…
Appeals Court Decides if Trial Court Erred in Terminating Parental Rights
A New York Family Lawyer said that, in a proceeding pursuant to Social Services Law § 384-b to adjudicate the subject child to be a permanently neglected child and to terminate the mother’s parental rights, the Nassau County Department of Social Services appeals from an order of the Family Court,…
Court Revisits Custody and Visitation Rights in Divorce Case
A New York Family Lawyer said in March 29, 1973, an order from the Family Court awarding custody of the child of the parties to respondent and granting visitation rights to the petitioner was entered and appealed by the latter. Consequently, the said order was reversed and the custody of…
Court Rules in Paternity Suit
A New York Family Lawyer said this proceeding before the court is a petition by X for an order declaring him to be the father of PJ who was born on 16 July 1999 and for an order setting his child support obligation. A, the child’s mother, opposes the petition.…
Court Looks at Whether Respondent may be Subject of a Summary Licensee Proceeding
A New York Family Lawyer said that, in January of 1989, the petitioner purchased a premises known as Pine brook Avenue, New York. A certified copy of the deed to the premises was offered into evidence, although the respondent concedes that her name does not appear on the deed or…