Divorce

Published on: March 31, 2019

Court Rules on Violation of Temporary Orders for Protection

by Stephen Bilkis

T v T

In this case, the family court determined that the Respondent violated two temporary Orders for Protection. It was found that the court acted properly in entering an order for protection after these findings.

The Petitioner filed an offense petition against the Respondent, She received a temporary Order for Protection. While that order was pending, the court found that the Respondent had violations on two temporary orders. The court dismissed the family offense order but sustained the violation of the petitions and issued a one year order for protection. The Court of Appeals affirmed.

Published on: September 4, 2018

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

by Stephen Bilkis

W v. W

2018 NY Slip Op 05956

August 29, 2018

Published on: June 1, 2018

Attorney Fees Award Reversed by the Appellate Court

by Stephen Bilkis

Greco v Greco

2018 NY Slip Op 03509

May 16, 2018

Published on: September 18, 2017

Pillai v Pillai

by Stephen Bilkis

2017 NY Slip Op 06470

September 13, 2017

Published on: August 3, 2017

Scheriff v Scheriff

by Stephen Bilkis

NY Slip Op 05760

July 19, 2017

Decision

Published on: April 16, 2017

Cassarino v Cassarino

by Stephen Bilkis

2017 NY Slip Op 02623

April 5, 2017

Decision

Published on: March 14, 2017

Court Rules on a Sister State Divorce Judgment

by Stephen Bilkis

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 divorce in the Superior Court of the State of Connecticut where she was then living and has continued to reside with her two minor children. On 16 April 1973, while the action was pending, the parties executed a separation agreement – semimonthly payments to the plaintiff for alimony and child support, among others. Thereafter, the plaintiff was granted a judgment of absolute divorce by the Connecticut court, specifically incorporating the terms of the separation agreement, the agreement surviving and not merging into the decree.

Defendant resided in Manhattan when the separation agreement was executed, and in Brooklyn when the divorce judgment was granted. There is no question of the defendant appearing in and being represented by counsel in the divorce action. Defendant currently lives in Brooklyn and is a practicing veterinarian.

Published on: February 25, 2017

Genzone v Genzone

by Stephen Bilkis

2017 NY Slip 00148

January 11, 2017

Order

Published on: February 12, 2017

Ralis v Ralis

by Stephen Bilkis

NY Slip Op 00205

January 11, 2017

Decision

Published on: February 12, 2017

Matter of Delroy

by Stephen Bilkis

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.