This action to vacate a deed or, in the alternative, impress a constructive trust, was originally commenced by the executor in Supreme Court, Nassau County, and was transferred to this court by order of Hon. Thomas P. Phelan dated October 21, 2005. RM, executor of the estate of MM,…
New York Family Law Blog
Wife Brings Supreme Court Action Declaring Divorce Judgment Void
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…
Court Hears Case Regarding Domestic Relations Law
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…
Petitioner Contends that Nassau County Police Violated Freedom Information Laws
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…
Petitoner Files Regarding Juvenile Delinquency Matter
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…
Respondent Claims Petition is Fatally Defective, Made Wholly on Information and Belief
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…
Plaintiff Alleges Former Husband Comitted 3d Degree Assault
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…
Court Looks at Terms of Bond Held by Department of Social Services
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…
Plaintiff Fails to State a Cause of Action
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…
Petitioner Files for Divorce Based on Cruel and Inhumane Treatment
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,…