Supreme Court Justice Daniel Palmari recently disqualified Jeffrey S. Stephens from representing Edward Scannapieco, pursuant to a New York ethics rule that bars an attorney from working as an advocate in a case when his presence may have a "significant issue effect." Justice Palmari found that attorney Stephens of Greenwich, Connecticut, had … [Read more...]
Father Charged with Sexual Abuse Exonerated
Judge Greenberg, sitting in the Family Court of Nassau County, rendered a decision on January 21, 2010, dismissing child abuse proceedings against a father. The petition against the father alleged that he had committed sexual offenses regarding his daughter Isabella. The charges alleged he would rub lotion on her, “slap her butt” and “whistle at … [Read more...]
Governor Cuomo Seeks to Legalize Gay Marriage in New York
In March of this year, Governor Andrew M. Cuomo went on record that he was in favor of the legalization of same sex marriage in the state of New York. He stated that he would be involved in a campaign to legalize same sex marriage. Same Sex Law Failed in 2010 Last year, a same sex marriage law was proposed. It was defeated in the New York State … [Read more...]
Spousal Maintenance Award is Fair
Justice Janowitz, sitting in the Supreme Court located in Nassau County, New York, recently made a decision in the case of Jill G. vs. Jeffery G, 202923-10 (March 18th). The wife in this case claimed that the temporary, non-taxable maintenance payments she was receiving were inadequate. The wife was receiving $10,783 per month. This award was … [Read more...]
Family Court has Extraterritorial Jurisdiction
In November of 2010, Family Court Judge Julianne S. Eisman, sitting in Nassau County, New York, rendered a decision that the New York Family Court has subject matter jurisdiction over acts that take place outside of the United States of America. Children Assaulted In Anguila A social worker named Annette Richardson pushed her daughter to the … [Read more...]
President Obama Focuses on Women’s Rights Issues
President Obama has recently spoken with regard to women’s rights issues. Women today are more likely to graduate from college than men. Statistics show that they still earn less money, on average, than men. Studies also show that the financial circumstances of women are generally not up to the same standards as that of men. The President … [Read more...]
Mother’s Request to Relocate Her Child Denied
This past summer, Justice Falanga, a Supreme Court Judge sitting in Nassau County, made a ruling that despite a child’s wishes, the relocation of the child with the mother to Michigan was denied. The wife decided to relocate from New York to Michigan. She had residential custody of the parties’ children. The father brought a proceeding for custody … [Read more...]
Bankruptcy, Foreclosure and Divorce
If one of the parties to a divorce action files for divorce, can he or she later file bankruptcy during the course of the divorce? The answer to this question is yes. Now let's change the circumstances a bit. A husband and wife are involved in a divorce and during the course of the divorce, the husband is ordered by the court to make mortgage … [Read more...]
Are Back Taxes Shared in a Divorce? Maybe Not!
This past summer, acting Supreme Court Judge Andrew A. Crecca, in the case of Maria C. vs. Dominick C., under Index No.: 04775/08, dealt with issues involving back taxes and equitable distribution in a divorce. The couple had been married in 1987. They had four children. The husband had a home improvement corporation and the wife was a secretary. … [Read more...]
Father of Six Seeks Downward Modification of Child Support
In the matter of "Demetrius D. v. Loti T.", reported in the New York Law Journal on January 27, 2011, a father sought a downward modification of his child support obligations. The lawsuit was brought in Clinton County, New York, before Family Court Judge Lawliss. The father in this case was ordered to pay child support for his son, Isiah. At the … [Read more...]
