You are here: / / Neglect Proceeding “Adjourned in Contemplation of Dismissal” Properly Con...

Neglect Proceeding “Adjourned in Contemplation of Dismissal” Properly Considered and Findings of Forensic Psychologist Properly Ignored in Modification of Custody Proceeding

In affirming Family Court’s modification of custody, the Second Department noted that Family Court properly considered a neglect proceeding that was adjourned in contemplation of dismissal (not a determination on the merits) and Family Court was not required to accept the recommendations of the court-appointed forensic psychologist.  Matter of Selliah v Penamente, 2013 NY Slip Op 04815, 2nd Dept 6-26-13

 

You might also like
THE SO-ORDERED STIPULATION BETWEEN THE PARTIES RENDERED THE RELATED CAUSE OF ACTION IN THE COMPLAINT MOOT; THE OTHER CAUSE OF ACTION RELIED ON SPECULATION ABOUT FUTURE EVENTS AND THEREFORE WAS NOT RIPE FOR JUDICIAL REVIEW (SECOND DEPT).
THE TOWN ZONING BOARD OF APPEALS MADE NO ATTEMPT TO ACCOMMODATE THE PROPOSED RELIGIOUS USE OF A SINGLE FAMILY HOME; MATTER REMITTED (SECOND DEPT).
EASEMENT APPURTENANT PASSES TO SUBSEQUENT OWNERS EVEN IF NOT SPECIFICALLY MENTIONED IN THE DEED.
ISSUING A PERMIT FOR THE WITHDRAWAL OF UP TO 1.5 BILLION GALLONS OF RIVER WATER PER DAY TO COOL A POWER PLANT IS NOT A MINISTERIAL, NON-DISCRETIONARY ACT, THEREFORE THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) APPLIES TO THE PERMITTING PROCESS (SECOND DEPT).
EVEN THOUGH PLAINTIFF DID NOT TIMELY FILE A NOTE OF ISSUE AND DID NOT COMPLY WITH A PRIOR DISCOVERY ORDER, THE JUDGE WAS WITHOUT AUTHORITY TO, SUA SPONTE, DISMISS THE COMPLAINT BECAUSE PLAINTIFF HAD NOT BEEN SERVED WITH A VAILD 90-DAY DEMAND TO FILE A NOTE OF ISSUE (SECOND DEPT).
NEGLECT STEMMING FROM MOTHER’S MENTAL ILLNESS NOT PROVEN, FAMILY COURT REVERSED (SECOND DEPT).
Pursuant to the Doctrine of Caveat Emptor, Seller of Home Was Not Obligated to Disclose Information About the Possibility of the Incursion of Golf Balls from the Neighboring Golf Course
Summary Judgment Properly Granted to Out-of-Possession Landlord—Injury Caused by Defect in Floor

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Company Hired on On-Call Basis for Elevator Repair Not Liable for Allegedly... Supreme Court’s Denial of Application for Stationary Engineer License Based...