Articles Posted in Suffolk County

This is a proceeding wherein the defendant is charged with one (1) count of violating Vehicle and Traffic Law §1192(4), Driving While Ability Impaired by Drugs as an Unclassified Misdemeanor.

A New York Family Lawyer said the court presided over a Jury Trial from 31 March 2008 through 3 April 2008. The People called five witnesses, A, B, C, D and E at trial. After the People rested, the defendant made a motion for a Trial Order of Dismissal. The People contested the defendant’s motion. The basis of the defendant’s motion was the failure of the People to have the defendant’s urine test results admitted into evidence, thereby failing to establish a prima facie case against the defendant. The People argued that the urine test results should have been received into evidence. The defendant’s motion for a Trial Order of Dismissal was granted by this Court.

A New York Custody Lawyer said the court finds that the People’s failure to properly establish the foundational requirements for admission of the urine test results is fatal in the prosecution of a Driving While Impaired by Drugs case. Therefore, defendant’s motion for a Trial Order of Dismissal must be granted.

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A New York Family Lawyer said that, petitioner brings this Article 78 proceeding against respondents in his capacity as Commissioner of the New York City Housing Authority, and the New York City Housing Authority (“NYCHA”), seeking a court order reversing and annulling NYCHA’s termination of her mother’s Section 8 voucher and NYCHA’s denial of petitioner’s application for succession rights to her mother’s Section 8 voucher. Petitioner was born in 1960 and is 49 years old. Petitioner has been diagnosed with and treated for schizophrenia paranoia. In 1983, petitioner received disability benefits from the Department of Health and Human Services for this disability. In 1986, when petitioner was about 26 years old, she and her mother, who is moved into Apartment 2B at 99-25 42nd Avenue in Corona, New York. Petitioner has had some periods of employment, most recently as a clerk in accounts receivable at Saint Vincent’s Catholic Medical Center home care facility in Rego Park, New York, although it is unknown whether she is presently employed in this capacity.

A New York Custody Lawyer said that, in 2002, petitioner applied for and was granted a Section 8 voucher. According to the copies of the Housing Assistance Payment Contracts between NYCHA and the owner of the Apartment from 2002 and 2003, both petitioner and her mother were listed as tenants and authorized residents of the Apartment. Petitioner was also listed on the Section 8 affidavits of income for recertification purposes. In an effort at independence, petitioner left the Apartment in November 2004 and established a separate residence with her godmother. NYCHA was duly notified. Petitioner maintained a close relationship with her mother while she was out of the Apartment Both petitioner and her mother experienced problems with their health over this period of time. In 2008, petitioner and her mother decided that it would be easier for them to take care of each other and their various health conditions and disabilities if they were living together again. They also mutually desired to reduce their individual expenses by living together. In advance of petitioner moving back in, in June 2008, petitioner and her mother formally requested permission for petitioner to move back into the Apartment NYCHA provided petitioner’s mother with a number of documents to complete and return to NYCHA. After returning the paperwork to NYCHA’s offices, petitioner and her mother were told that petitioner could not move back into the Apartment without written confirmation from NYCHA. They never received any such written confirmation. However, in October 2008, petitioner’s mother received a letter from NYCHA indicating that her share of the rent would increase as of November 1, 2008, presumably because petitioner’s income was now being calculated into the tenant’s share of rent Petitioner contacted NYCHA over the telephone and asked whether a decision had been made about permission for her to move into the Apartment. Petitioner sets forth that the NYCHA representative that she spoke to told her that she had been granted permission to move back in. Petitioner moved back to the Apartment on November 4, 2008.

A Suffolk County Family Lawyer said on October 22, 2009, petitioner’s mother was struck by a vehicle and died shortly thereafter from the injuries. One week later, NYCHA cancelled the Section 8 voucher. On or about December 23, 2009, after an inquiry by petitioner’s attorney about her rights to succeed to the Section 8 voucher, NYCHA sent the attorney a letter asserting that the voucher terminated with the death of petitioner’s mother. Petitioner was denied succession rights because she had only been “conditionally” re-added as a resident family member of the Apartment in 2008.

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A New York Family Lawyer the petitioner Administration for Children’s Services (ACS) failed to establish by a preponderance of the evidence that the defendant mother knew, or should have known, that her child A was not being properly supervised when she took a nap. The Family Court then dismissed the branches of the neglect petitions alleging that the defendant mother neglected child A and derivatively neglected the other children in allowing child A to fall out of a window in her apartment.

A New York Child Custody Lawyer said the court finds that the Family Court erred in dismissing the branches of the neglect petitions alleging that the mother failed to protect the children from witnessing domestic violence. ACS established by a preponderance of the evidence that there was a 12-year history of domestic violence between the mother and the respondent father which was witnessed and often required the children to intervene. Moreover, there was sufficient evidence to establish that the children witnessed the incident when respondent father fought with the mother and struck her with a cooking pot. This evidence was sufficient to support a finding of neglect against the mother. Evidence of acts of severe violence between parents in the presence of their children is sufficient to show that the children’s physical, mental, or emotional conditions are in imminent danger of becoming impaired within the meaning of Family Court Act § 1012 (f) (i) (B).

Further, a Suffolk County Family Lawyer said the Family Court erroneously dismissed the branches of the neglect petitions alleging that the mother failed to protect the children from the excessive use of corporal punishment by respondent father. ACS established by a preponderance of the evidence that respondent father used excessive corporal punishment on the children. ACS also established by a preponderance of the evidence that the mother should have known about the use of excessive corporal punishment. This evidence was sufficient to support a finding of neglect against the mother for the failure to protect the children from excessive use of corporal punishment.

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A New York Family Lawyer said that, this is an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered September 29, 2009, convicting him of sexual abuse in the second degree (seven counts) and endangering the welfare of a child (two counts), after a nonjury trial, and imposing sentence. A Kings Child Custody Lawyer said that, the motion by the nonparty-appellant to stay enforcement of an order of the Family Court, Kings County, dated November 30, 2010, and to continue care and custody of the subject child with the child’s maternal grandmother, pending hearing and determination of an appeal from the order. Application by the maternal grandmother to adjourn the return date of the motion to submit papers supporting the motion.

The issue in this case is whether defendant has been deprived of his constitutional right during the proceedings.

A New York Family Lawyer said the Supreme Court did not deprive the defendant of his constitutional right of confrontation by prohibiting him from cross-examining one of the complainants or eliciting testimony about that complainant’s prior sexual conduct. Contrary to the defendant’s contention, such evidence was not relevant to support his defense that this complainant’s testimony was fabricated. The defendant was given ample opportunity to develop evidence to support his position that this complainant had a motive to fabricate his testimony. Accordingly, evidence of this complainant’s prior sexual conduct was irrelevant and properly excluded by the Supreme Court under the rape shield law.

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A New York Family Lawyer said the plaintiff commenced this action to foreclose a mortgage given by defendant Realty Corporation, to secure a promissory note of the same date in the amount of $1,450,000.00 executed by defendant borrower in favor of a Savings Bank. The note was further secured by the written unconditional guarantees of payment executed by guarantor defendants. The subject mortgage, in which the mortgagor promised to pay the debt a provided in the note executed by defendant borrower was recorded in the office of the County Clerk. The original lender/mortgagee, the parent company of the plaintiff, assigned the promissory note secured by the subject mortgage and such mortgage to the plaintiff by a written assignment bearing a corporate acknowledgment. That assignment was recorded in the office of the Suffolk County Clerk thereafter.

A Kings County Family attorney said that the mortgaged premises consist of commercial property situated in New York which houses several rental units of commercial space. In its complaint, the plaintiff alleges that the mortgagor defendant defaulted in making the payment due and such default has not been cured. The plaintiff thereafter elected to accelerate the mortgage debt, the principal amount of which was $1,371,504.21 as of the date of complaint.

A New York Custody Lawyer said that the plaintiff seeks recovery of such amount together with late fees, interest and reasonable counsel fees upon the public sale of the subject premises, and a deficiency of judgment, if there be any following such sale, against the obligor defendants.

A New York Family Lawyer said the issue presented is whether the Family Court has jurisdiction to commit a juvenile to the Department of Mental Hygiene if it is alleged that the juvenile is a delinquent in a situation where, prior to being adjudicated pursuant to the Family Court Act, he is found to be incompetent to defend himself in such proceeding. It is hold that the Family Court has such jurisdiction, but that it must be exercised only in a manner consistent with the juvenile’s constitutional right to due process.

A New York Custody Lawyer said the appeals present a novel question concerning the rights of juveniles charged as delinquents. Each of the petitioner-appellants has been charged by a petition filed in the Family Court with committing acts which, had they been committed by an adult, would have constituted felonies.

Boy A was accused of several counts of robbery, assault and weapons possession arising out of the robbery of two elderly gentlemen. In the course of the robberies he used an ice pick and thereby inflicted minor wounds on his victims. Two days after the petitions were filed in the Family Court seeking to adjudicate him (he was then 14 years old) a juvenile delinquent he was remanded to Kings County Hospital to determine his fitness for trial. The examination was ordered at the request of the Law Guardian, and was conducted.

A New York Family Lawyer said that, plaintiff seeks an order 1) granting Plaintiff leave of Court to voluntarily discontinue the Instant Action without prejudice; or, alternatively, 2) consolidating this action with the Kings County Action; 3) determining the appropriate venue in which these two actions should be litigated; and 4) granting certain injunctive relief.

A New York Custody Lawyer said that, defendants oppose Plaintiff’s motion and cross move for an Order awarding sanctions against Plaintiff and his counsel for their allegedly frivolous conduct in filing this motion. The Amended Verified Complaint (“Complaint”) in this action, filed June 12, 2009, describes this case as an action arising as a result of Defendant breaches of his agreements with Plaintiff regarding the operation of a corporation. Plaintiff has sued 1) in his individual capacity to recover sums representing his capital contributions, plus interest, 2) for monetary damages arising from plaintiff’s allegedly fraudulent misrepresentations and breaches of his fiduciary duties as the corporation’s member-manager, 3) for declaratory relief recognizing that the corporation is the owner of the disputed property (“Property”) located at 500 4th Avenue, Brooklyn, New York, and 4) for the imposition of a constructive trust on the proceeds from sales of the Property or any part thereof. The Court has conducted numerous conferences in this matter.

A Suffolk County Family Lawyer said that, by Verified Complaint, Plaintiff, individually and as a member of the corporation, filed the Kings County Action. In the Kings County Complaint, he alleges, inter alia, that defendant fraudulently diverted funds related to the corporation and the Property and seeks injunctive relief. On August 6, 2010, counsel for the parties appeared before the Justice assigned to the Kings County Action in connection with an application for a temporary restraining order in the Kings County Action and Defendants’ counsel has provided a transcript of those proceedings. The Assigned Justice in the Kings County Action concluded that it was inappropriate for her to address the application before her in light of the pending action before this Court, stating that “the order to show cause is declined because another action is pending for the same relief in Nassau County”.

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This is an action for divorce and ancillary relief.

A New York Family Lawyer said that on 29 December 1984, plaintiff wife and defendant husband got married. Sometime in 1989, the defendant went into business with a partner to buy a funeral home in Suffolk County. Plaintiff, on the other hand, operated a separate business which provided headstones, and ran a small karaoke business.

Sometime in March 2004, plaintiff commenced an action for divorce. At that time, the parties had two unemancipated children at.

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