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In this case, the court discusses the question of parental alienation and whether it requires a change in the primary residence of the children.

The parties agreed to custody in 2013. The couple has three daughters. In their agreement, the father was the custodial parent and agreed to a shared visitation schedule with the mother.

During the first month of the agreement, a dispute arose and the father sought a TRO against the mother for a period of one year. The court later issued an order resolving what had become a lengthy series of disputes.

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C vs C

This case was filed for divorce and ancillary relief. The defendant appeals a prior judgment dated March 24, 2014. In that decision, the order denied the defendant’s cross-motion which was to use one-third of the child’s time spent in Israel visiting with the paternal grandmother. The prior decision also denied without prejudice the portion of the cross-motion which ordered visitation with the paternal grandmother when she was in the U.S.

This court affirms.

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In this case, the petitioner filed against the respondent to whom she is married and has one child. The petitioner received a temporary order for protection against the respondent. This was ordered to direct the respondent to cease from all communications with the petitioner, except those relating to the care of the child. Through various court appearances, the order was extended. The petitioner filed various violation petitions.

The violation petitions were consolidated. The court concluded that she failed to prove a family offense petition, but the court sustained the violation petition and issued a one-year final protection order.

The respondent appealed, and the appellate court affirmed. One dissenting justice claimed that the family court lacked jurisdiction for the final order because the family offense petition had been dismissed [147 AD3d 675]. The court certified to this court regarding this issue.

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The minor respondent Kenroy, 14 years old was arrested and charged with various adult crimes. Pursuant to a petition filed on 11/16, he admitted the offense of reckless endangerment in the second degree, which is classified as a misdemeanor. The court ordered an investigative report be done, which is called an I&R. This report recommended an adjournment in contemplation of a dismissal for 6 months with a referral to prosocial programs. The report concluded that the respondent was at a low risk for recidivism. The victim requested restitution.

The presentment agency’s position is that the least restrictive course of action should be taken on the condition that the respondent pays restitution for medical costs. The attorney for the minor argued that the family could not afford restitution.

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2017 NY Slip Op 02776

Decision

The defendant appeals portions of a divorce judgment that was decided in the Suffolk County Supreme Court. After a nonjury trial, the court said that 100% of Highland Terrace land be distributed to the plaintiff. The defendant should receive $250,000 for his interest in the residence. The plaintiff is to have sole ownership, title and possession of both land and residence. Both the plaintiff and the defendant should receive credit for 50% of the marital jewelry. Lastly, the plaintiff should receive a credit of $87,500 for her portion of a 1955 Jaguar that was sold.

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