Articles Posted in Divorce

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NY Slip Op 00205

January 11, 2017

Decision

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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 12 year old victim complainant, who was stabbed during an altercation. A motion was made to suppress a statement made to officers and a knife that was recovered at the scene. The testimony in question involved an interview with Delroy’s sister saying that her brother had been bullied, the two boys had fought, and Deloy had stabbed the victim.

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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 income at $90K when figuring child support, failed to award spousal maintenance, and ordered the defendant to pay college costs. The judgement also denied equitable distribution of the Plaintiff’s Estee Lauder stock option, and was ordered to pay assessed arrears in the amount of $107K.

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Slip Op 06475

October 52016

This is an appeal by the plaintiff to enforce portions of a divorce judgment from Westchester County, which was entered in December of 2013. In the judgment, the defendant was ordered to maintain his term life insurance until the 20-year term expired. The court ordered the judgment modified by deleting number 21 decretal paragraph, as so modified. The judgment is affirmed and remitted to the Superior Court of Westchester County for a hearing and entry of judgment of divorce. This will include replacement of the 21st decretal paragraph directing both parties to maintain their existing life insurance policies, naming their children as the beneficiaries. The plaintiff is to maintain her policy for 20 years and the defendant’s whole life insurance policy (#4819835) and its cash surrender value is the, in defendant’s separate property.

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2016 NY Slip Op 06816

October 19, 2016

This is an appeal by Norman Rosner for a decision by the Supreme Court, decided on June 26, 2014. The order granted the motion of Christine Rosner, where she was to recover real estate taxes which she was paid on Norman’s behalf to recover Norman’s share of the children’s health insurance costs and unreimbursed medical expenses, direct the sale of the former residence and denied Norman’s cross motion. That motion was to recover damages for fraudulent conversion and dismissed his petition for Christine’s child support obligation and award child support arrears. Order affirmed.

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No: GO53597 Fourth Dist. Division Three

This case is an appeal by the mother of a three-year-old child, and the Social Services Administration (SSA). The mother’s petition for a Writ of Mandate from an order terminating reunification services and setting a Welfare Institutions hearing pursuant to code section 366.

Allegations

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On August 31, 1992, the couple were in the process of buying a home. The husband’s father, a wealthy and successful entrepreneur, decided to help his son, daughter-in-law, and their young children in moving into the home. The husband’s father arranged a $47,000 transfer to the couple through an entity identified as the retirement plan corporation. There is no evidence before this court on how the money was advanced. There is no check from any bank account evidencing the advance of funds from corporation to the couple. At the time the father-in-law advanced the funds, he had the couple sign a mortgage on the house they were acquiring. The interest rate on the mortgage was one per cent.

For five years, the annual payment was never made. There is no evidence that the father-in-law sought payment of the annual amount from his son or daughter-in-law.

In 1997, the couple wanted to move and needed additional funds to do so. In another generous gesture, the husband’s mother advanced an additional $100,000 to her son and daughter-in-law top facilitate their purchase of a second home. The mother-in-law requested that the couple sign a mortgage for $100,000.

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On October 28, 2001, plaintiff’s decedent, LM, fell in his apartment, which was located in the Narragansett Hotel, a residential hotel in New York City. A neighbor heard yelling coming from the apartment and called an ambulance. According to the Ambulance Call Report prepared by the EMS workers, he was found “lying in apt, full of feces.” The report indicated that he had fallen down in his apartment and was, inter alia, having difficulty breathing. It was also noted in the report that he had an elevated heart rate of 132 beats per minute, while in the care of the EMS workers. In addition to the information relating to his medical condition, the Ambulance Call Report contained LM’s address, date of birth and social security number. The Ambulance Call Report also listed JT, a close friend of LM, as his next of kin, and contained Ms. JT’s telephone number.

LM was taken by ambulance to the emergency room at Mount Sinai Hospital at approximately 1:55 p.m. The Ambulance Call Report, prepared by the EMS workers, was received by a staff member at Mount Sinai, who signed the report as the Hospital Receiving Agent. An Emergency Department, Patient Registration Form was prepared, at some point, after LM’s arrival at the hospital, and contained the same pedigree information as the Ambulance Call Report, i.e., address, date of birth and social security number. Mount Sinai’s Patient Registration Form also listed JT as LM’s next of kin, and contained her telephone number. A triage assessment was performed, and the records indicate that, at that time, LM was still experiencing shortness of breath and was noted to, among other things, have an elevated heart rate. The triage records state that LM was disheveled in appearance and full of feces. It appears that no treatment was administered in triage. Notwithstanding, he was given acute priority, and sent to an acute area of the emergency department. It is noted that the triage records also contain LM’s pedigree information.

LM was assessed by Dr. JJB, Jr., an attending physician, in the emergency room at Mount Sinai. He was found to be in respiratory distress, with edema, which is the swelling of the extremities. The emergency room records indicate that LM’s heart rate was a very high 160 beats per minute, at the time. Dr. JJB testified at his deposition that his preliminary diagnosis was congestive heart failure, as a result of, or a cause of, arterial fibrillation. Dr. JJB also entertained the possibility of pneumonia and heart ischemia. He considered LM to be a critically ill patient. Dr. JJB testified that he put a nonrebreather face mask on LM with the highest concentration of oxygen. The use of the nonrebreather face mask was documented in the emergency room records. According to Dr. JJB, he administered Diltiazem to reduce LM’s heart rate and “would typically” administer a dose of Lasix to get rid of extra body fluid. Dr. JJB further testified that he would have probably given LM an antibiotic in case there was pneumonia. Notwithstanding Dr. JJB testimony with respect to the administering of the aforementioned treatments, with the exception of the use of the nonrebreather mask, the emergency room records did not indicate that LM was provided with any of the other treatments discussed by Dr. JJB at his deposition. Additionally, Dr. JJB testified that nurses at Mount Sinai assisted in the emergency room treatment provided to LM, however, it does not appear that any nursing notes were generated in connection with such treatment.

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The plaintiff and her two children are clients of the Nassau County Department of Social Services (Department). On or about May 29, 1971, she received a public assistance check from the Department. Several days later, while her possessions were being moved to a new place, she claims to have noticed that her handbag, containing the remaining proceeds of her grant, had disappeared.

Upon discovering her loss, plaintiff telephoned the local police to report the loss, notified the Department and requested that her grant be duplicated. The Department denied the request on the ground that duplicate grants are not issued by the Department in accordance with its applicable policy. Plaintiff thereupon instituted this Article 78 proceeding to direct the respondent Commissioner of the Department to issue a duplicate grant in replacement of the stolen amount. She asserts without contradiction that her destitute circumstances have compelled her to borrow funds from friends to supply her family with food, that she has been unable to pay rent in her new premises as a result, and that she and her family now face eviction.

Respondent asserts that plaintiff has failed to exhaust her administrative remedies, and that duplicate grants are not available in replacement of stolen funds. Respondent has called to the attention of the Court that substantial expenditures of County funds may be required to make the type of duplicate payments requested by petitioner, and that reimbursement for such expenditures has not been available from the State since July 1, 1969.

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The People’s motion for an order disqualifying Defendant’s counsel and precluding use at trial of statements of prosecution witnesses taken by defense counsel or his associates is denied. Defendant’s cross-motion for an order dismissing the accusatory instrument as facially defective, in the interests of justice, or on account of the People’s failure to be ready for trial within the prescribed time, and suppressing statements he made to law enforcement officials in violation of the procedures enunciated in a case, is denied as noted below.

A Nassau lawyer said that the People commenced this action in November 2005 by the filing of what is labeled an information that accuses Defendant of sexual abuse in the second degree. By the factual part (see CPL 100.15[3]), the complainant, a Detective attests that “on 11/19/2005 and about 11:00 a.m. while at a Freeport, the defendant did enter the bedroom of the mentally retarded 16 year old female and did expose his erect penis. Said defendant did take the victim’s hand in his own and put the victim’s hand on his erect penis and did masturbate himself to ejaculation with the victim’s hand.”

“The above is based on information and belief. The source of said information and the basis of the belief is the interview and statement of the victim and the interview and statement of admission of the defendant.”

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