The Second Department determined the parents’ inability to agree on the child’s religious training, together with the father’s threat to take to child to Morocco if she were not raised as a “true Muslim,” warranted awarding sole custody to mother: ” In order to modify an existing custody arrangement, there must be a showing of […]
The Second Department, reversing Family Court, determined Family Court should have made the findings to enable the child to petition for special immigrant juvenile state (SIJS): … [W]here, as here, the Family Court’s credibility determination is not supported by the record, this Court is free to make its own credibility assessments and overturn the determination […]
The Second Department, reversing Supreme Court, determined the in-court stipulation of settlement in a divorce action should not have been set aside. Neither party requested that the stipulation be set aside: The defendant contends that the Supreme Court erred in, sua sponte, setting aside the stipulation. We agree. Neither the decedent nor the defendant requested […]
The Second Department, reversing (modifying) Supreme Court, determined that an ambiguity in the stipulation of settlement involving the supplemental employee retirement plan (SERP) should have been resolved by the language of the qualified domestic relations order (QDRO): Courts must interpret matrimonial stipulations of settlement using the standards of contract interpretation … . A QDRO can […]
The Second Department, reversing Supreme Court, determined that neglect based upon mother’s mental illness had not been demonstrated: … [T]he petitioner failed to establish that the mother received inadequate psychiatric treatment for her mental illness, or that her alleged untreated mental illness placed the child at imminent risk of harm. The evidence demonstrated that the […]
The Second Department, reversing defendant’s conviction, determined the jury should have been instructed that it could consider the actions of the complainant’s husband in this assault case. The defendant raised the justification defense. The altercation leading to the assault charge involved both the complainant and her husband: … [A] new trial is required because the trial […]
The Second Department determined Supreme Court properly denied petitioner’s motion to discontinue the action which challenged the tax assessments of several lots. Supreme Court abused its discretion, however, when it, sua sponte, directed merger of several parcels into a single tax lot: A motion for leave to discontinue an action is addressed to the sound […]
The Second Department, reversing Supreme Court, in a full-fledged opinion by Justice Dillon, addressing two issues of first impression, determined: (1) a matter erroneously transferred to a court which did not have subject matter jurisdiction (Civil Court) can be retransferred to the correct court (Supreme Court); and (2) after the matter is retransferred the error […]
The Second Department, reversing Supreme Court, determined defendant’s motion to compel plaintiff to accept an answer which was two days late should have been granted pursuant to CPLR 2004: CPLR 2004 provides that, “[e]xcept where otherwise expressly prescribed by law, the court may extend the time fixed by any statute, rule or order for doing […]
The Court of Appeals, in a full-fledged opinion by Judge Pigott, reversing the Appellate Division, determined a tenant’s failure to report her income to the New York City Housing Authority (NYCHA) was sufficient reason to terminate her tenancy, The tenant had pled guilty to petit larceny and agreed to repay the NYCHA $20,000 in installments: […]
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