Uncategorized

Published on: May 7, 2017

In Re: Kenroy C. a person Alleged to be a Juvenile Delinquent

by Stephen Bilkis

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.

Published on: April 15, 2017

Fairchild v Fairchild

by Stephen Bilkis

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.

Published on: April 2, 2017

Chicara v Chicara

by Stephen Bilkis

NY Slip Op 01851

March 15, 2017

Decision

Published on: April 1, 2017

Gafyce v Gafyce

by Stephen Bilkis

2017 NY Slip Op 01537

March 1, 2017

Decision

Published on: March 5, 2017

Matter of Nimkoff v. Nimkoff

by Stephen Bilkis

2017 NY Slip Op. 00984

February 8, 2017

Decision

Published on: March 5, 2017

Chabanov v. Chabanova

by Stephen Bilkis

NY Slip Op 00643

Docket V-25716-15

Decision and Order

Published on: January 31, 2017

Odunbaku v Odunbaku

by Stephen Bilkis

New York Slip Op07705

November 17, 2016

Summary

Published on: January 27, 2017

Jones v. Jones

by Stephen Bilkis

2012 New York Slip Op 50257

The question before the court is whether an admission and positive toxicology report for marijuana use is enough to establish neglect according to the Family Court Act 1012 (f)(1)(B) or Section 1046 (a)(iii). It is the contention of the Administrator of Children Services (ACS) that it is. The ACS claims that the mother’s use of marijuana establishes a case for parental wrongdoing and that a prima facie case isn’t defended by merely showing that the children weren’t harmed. The ACS said that dismissing the petition because of its failure to prevent any tangible evidence of harm is an error of law.

The mother contends that her infant’s positive toxicology for marijuana is in and of itself insufficient proof. It doesn’t prove that the child was harmed or put in any kind of danger. She claims that relying only on the report fails to make a causative connection to the surrounding circumstances.

Published on: January 23, 2017

Tzu Ching Kao v. Bonalle

by Stephen Bilkis

2016 NY Slip Op. 08222

Decision

This appeal was brought by the plaintiff from an order of the Supreme Court of Queens County, October 16, 2014. The order granted portions of the motion which awarded child support and maintenance payments in the amount of $4,887. And $1965. Respectively.

Published on: January 16, 2017

Behan v. Behan

by Stephen Bilkis

2016 Slip Op. 08192

December 7, 2016

This case is an appeal by the plaintiff for an order by the Supreme Court. One order granted the plaintiff’s motion to put the action on calendar for a settlement conference and ask for the dismissal of a complaint against the defendant and Anne Hoffman. This order denied the plaintiff the opportunity to reargue a motion requesting a dismissal of the complaint, insofar as it is asserted against Helena Behan.