Staten Island

Published on: November 2, 2014

Court Discusses Handling of Deposition in Felony Delinquency Proceeding

by Stephen Bilkis

This opinion follows the oral decision and order of the Court rendered on the record. This designated felony delinquency proceeding was commenced on January 4, 1991 by the District Attorney’s Office pursuant to Article 3 of the Family Court Act (“FCA”), charging Respondent with committing acts, which if committed by an adult, would constitute sexual abuse in the first degree, sodomy in the first degree and endangering the welfare of a child. Prior to the commencement of the fact-finding hearing, Respondent moved to dismiss the petition, claiming that the petition was jurisdictionally defective pursuant to FCA § 311.2. Respondent asserts that the supporting deposition of the five year old complainant was not properly sworn, subscribed or verified in accordance with Criminal Procedure Law (“CPL”) §§ 100.30 and 60.20.

The accusatory instrument in this proceeding consisted of the designated felony act petition, a supporting deposition signed and sworn to by the five year old child complainant, and a second deposition sworn to by an employee of the District Attorney’s Office, “duly qualified as a Notary Public.” This second deposition was in boilerplate form, stating that the employee interviewed the child and prior to notarizing the complainant’s supporting deposition, he found the complainant capable of taking an oath.

Published on: October 24, 2014

Court Decides Child Custody in Light of Mentally Ill Respondent

by Stephen Bilkis

A New York Family Lawyer said that on 12 October 2001, a petition was filed against the respondent mother.

As alleged in the petition, the respondent mother neglected her seven-year-old child, T, by failing to provide the child with appropriate medical attention to treat her ADHD, by refusing to accept board of education referrals for a special education program for T, and by failing to provide T with adequate shelter because of her failure to pay rent, electricity and gas bills, and by using marijuana and not enrolling in a drug treatment program; and, the respondent mother has been diagnosed as suffering from mental illness, “specifically as paranoid and delusional, and with a possible personality disorder.”

A New York Divorce Lawyer said on the basis of the mental illness allegation, the petitioner seeks for an order pursuant to Family Court Act Â§Â§ 251, 1038 (d) to have the respondent evaluated to determine whether she in fact suffers from an untreated mental illness which impairs her ability to care for the child.

Published on: October 12, 2014

Court Looks at Jurisdiction Issue in Divorce Proceeding

by Stephen Bilkis

A New York Family Lawyer said the parties were spouses who have two children of the marriage. From the date of the parties’ marriage until August 2002, the parties and their two children resided in Eastchester, in Westchester County with the wife’s mother in a residence owned by the wife’s mother. According to the wife, the husband abandoned her in that year. Thereafter the husband resided for some period of time in Nassau County with a woman with whom he has an out-of-wedlock child. The wife and the parties’ children moved to Dobbs Ferry New York. The husband resided with the wife and children in the Dobbs Ferry residence for a two and a half week period in April and May 2008. The husband’s 2009 driver’s license states his address is the wife’s Dobbs Ferry residence.

A New York Divorce Lawyer said that the husband commenced a prior action for divorce in Nassau County. Pursuant to an order, venue of said action was transferred to Westchester County. Thereafter, the husband also commenced another action for divorce against the wife in Westchester County. Both actions were dismissed. The wife has served an answer in the above captioned action seeking dismissal of the within action. She has not interposed a counterclaim for divorce.

A Nassau County Family Lawyer said the husband became a month-to-month tenant of an apartment in a private residence in Massapequa. His rent is $900.00 a month. Thereafter, he commenced the within action for divorce in Nassau County. His complaint asserts three causes of action, to wit: actual abandonment; social abandonment; and adultery. All the causes of action allegedly occurred in Dobbs Ferry in Westchester County.

Published on: September 21, 2014

Court Addresses Jurisdictional Issue

by Stephen Bilkis

A New York Family Lawyer said that, this is a motion by the petitioner father to dismiss the respondent/applicant mother’s instant petition for modification of child custody and visitation order previously entered by this court during 1999. The instant petition was “clocked in” by the clerk’s office of this court on March 26, 2002 and first appeared on this court’s calendar July 12, 2002. Although the court cannot ascertain the date of service upon the petitioner, the date clearly was subsequent to April 28, 2002. Neither party has stated when service upon the respondent occurred.

A Nassau Family Lawyer said that, respondent states that the Family Court action was commenced by filing of the petition with the clerk of the court on March 26, 2002, and that therefore the law then in effect governs.

A New York Divorce Lawyer said the issue in this case is whether motion by the petitioner father to dismiss the respondent/applicant mother’s instant petition for modification of child custody and visitation order previously entered by this court during 1999.

Published on: September 18, 2014

court Decides Case Regarding Termination of Parental Rights

by Stephen Bilkis

A New York Family Lawyer said this proceeding involves an appeal from an order of the Family Court of Columbia County entered 31 July 2007 which granted petitioner’s application in proceeding No. 1 pursuant to Family Ct Act article 10 to adjudicate respondent’s child to be neglected and from an order of said court entered 31 July 2007 which granted petitioner’s application in proceeding No. 2 pursuant to Social Services Law § 384-b to adjudicate the subject children to be permanently neglected and terminated respondent’s parental rights.

A and B (born in 2002 and 2004, respectively) were voluntarily placed by respondent in petitioner’s custody in February 2005. The parties agreed to a plan to locate and secure suitable housing for respondent and her children, as well as cooperate with petitioner in obtaining mental health services. This is so required by the petitioner as against the respondent to regain custody of her children. It also required that she participate in classes designed to enhance her parenting skills. Shortly thereafter, respondent, without giving notice to petitioner, relocated to New York City and, in December 2005, gave birth to a third child, C. In August 2006, Family Court determined that A and B were neglected children based upon respondent’s failure to keep petitioner informed of her address, as well as her failure to participate in preparing a plan for the children’s future or inquire about their status.

Thereafter, a New York Divorce Lawyer said that the New York County Department of Social Services commenced proceeding No. 1 pursuant to Family Ct Act article 10 to adjudicate C as a neglected child. C was temporarily removed from respondent’s custody and this proceeding was transferred to Columbia County. Petitioner then commenced proceeding No. 2 pursuant to Social Services Law § 384-b to adjudicate A and B to be permanently neglected. Family Court held a fact-finding hearing on both proceedings and ultimately found C to be neglected and A and B to be permanently neglected and terminated respondent’s parental rights with respect to A and B. Respondent now appeals.

Published on: September 1, 2014

Respondent Allegedly Fails to Comply with Separation Agreement

by Stephen Bilkis

A New York Family Lawyer said this is an appeal from an order of the Family Court of Ulster County, entered May 8, 1986, which granted petitioner’s application, in a proceeding pursuant to Domestic Relations Law article 3A, for an order directing respondent to pay for child support of his child. A Nassau Child Support Lawyer said that, petitioner and respondent were married in 1950 and divorced in 1980. Pursuant to a separation agreement entered into in 1977, respondent agreed to pay $150 per week to petitioner and their two unemancipated children as child support, such sum to be reduced by $25 as each child became emancipated. It is clear that respondent has failed to comply with this provision of the separation agreement, as petitioner was awarded a money judgment in Supreme Court in 1983 for support arrears.

A New York Divorce Lawyer said that, petitioner commenced this proceeding pursuant to Domestic Relations Law article 3A in 1984 in Nassau County Family Court. The petition and petitioner’s testimony were certified and transmitted to Ulster County Family Court, where respondent resided. Following a hearing in Ulster County Family Court and petitioner’s appearance in Nassau County Family Court to answer questions concerning her finances, Ulster County Family Court ordered respondent to pay petitioner $90.50 per week for the support of the remaining dependent child and $20 per week in support arrearages. It is from this order that respondent appeals.

The issue in this case is whether the Ulster County Family Court erred in ordering respondent to pay petitioner $90.50 per week for the support of the remaining dependent child and $20 per week in support arrearages.

Published on: August 9, 2014

Petitioner Moves for Suspension of Child Support Payments

by Stephen Bilkis

A New York Family Lawyer said that sometime in October of 1968, a separation agreement was entered into by the parties (husband and wife), the terms of which were subsequently incorporated into a divorce decree granted and entered in Mexico. The agreement gave the mother, the respondent, custody of the children of the marriage and ordered the petitioner to provide support for their son, S, in the amount of $30 per week with visitation rights. Thereafter, on petitioner’s motion to compel visitation, the court by order entered 15 February 1977 granted petitioner specific revised rights of visitation with S.

Since the date of entry of the order of 15 February 1977, petitioner alleges that: he has been permitted to visit S only five times and has not been permitted to see him at all for the past five years; on his last attempt to see S, respondent’s husband told him S did not want to see him and ordered him to leave; in 1979, he discovered that S ceased using his surname, he had taken that of his stepfather and he has been known by that name since 1976.

A New York Divorce Lawyer said that subsequently, petitioner moves pursuant to § 241 of the Domestic Relations Law for the suspension of the provision in the judgment of divorce for the support of the parties’ eighteen year-old son.

Published on: August 4, 2014

Defendant Claims Lack of Subject Matter Jurisdiction

by Stephen Bilkis

A New York Family Lawyer said that, this is a proceeding under Section 890, subdivision 1 of the Code of Criminal Procedure against a father who is alleged to have neglected to provide for his wife and child according to his means. The proceeding came on for trial and the Court ordered a payment of $20 weekly. A bond was required and the matter adjourned to give defendant an opportunity to furnish the bond.

A New York Divorce Lawyer said that, the defendant has raised a question of jurisdiction. However, the Court entertained serious doubt as to its jurisdiction, and on its own motion, took the question under consideration.

Nassau County Family Lawyer said the issue in this case is whether the Children’s Court of Nassau County have exclusive jurisdiction of child support proceedings completely pre-empting the District Court of Nassau County in the cases enumerated in Section 30 of the Children’s Court Act.

Published on: July 25, 2014

Family Court Discusses Subject Matter Jurisdiction

by Stephen Bilkis

A New York Family Lawyer said that, plaintiff commenced this divorce action via summons with notice. Prior to serving the summons with notice, Plaintiff moves for an Order authorizing an alternative method of service, for custody, child support, maintenance and attorney’s fees. Although Defendant submits no opposition papers to Plaintiff’s motion, Defendant affirmatively moves to dismiss the action “pursuant to DRL §230 claiming there is no subject matter jurisdiction in this Court to consider this matter.” Plaintiff opposes Defendant’s motion to dismiss.

A New York Divorce Lawyer said that, plaintiff wife also moves for: (1) An Order granting her primary physical and legal custody of the parties’ two (2) children, directing that so long as the daughter resides with her farther, he shall provide the Plaintiff wife all of the child’s residence information, access to all educational, medical and related personnel and records, and further directing that her daughter travel to and stay at the mother’s residence during all school recesses in excess of three (3) days; (2) An Order directing the Defendant husband to pay child support to the mother in conformance with the Child Support Standards Act, including maintaining any and all health insurance as is currently available through him in his capacity in the United States Navy, and, to bear in proportion to the parties’ respective incomes, any and all unreimbursed and/or uncovered medical and related expenses; (3) An Order direction husband to pay spousal support in an amount sufficient to permit Plaintiff to meet her ongoing needs during the pendency of this action; (4) An Order directing the father to pay attorneys’ fees on behalf of wife so as to permit her to have proper and sufficient representation.

A Nassau County Family Lawyer said the issue in this case is whether plaintiff fails to state a cause of action.

Published on: March 25, 2014

Father Petitions Court for Custody

by Stephen Bilkis

A New York Family Lawyer said that in two related proceedings pursuant to Family Court Act article 10, Appellant appeals, as limited by his brief, from so much of an order of disposition of the Family Court, Kings County, as, after a hearing, only awarded him supervised visitation with the subject child.

The Court, in its decision ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

A New York Child Custody Lawyer said that the appellant contends that he is entitled to unsupervised visitation with his child. Since the Family Court is in the best position to evaluate the testimony, character, and sincerity of the witnesses in weighing the many factors required for a determination of custody, ‘the determination of whether visitation should be supervised is a matter left to the Family Court’s sound discretion and its findings, to which deference is to be accorded, will not be disturbed on appeal unless they lack a sound basis in the record’ ” Here, the Family Court’s determination that supervised visitation would be in the child’s best interests have a sound basis in the record.