Levels of Proof In proceedings brought in the Family Court by CPS, the level of proof necessary to establish child abuse or child neglect is minimal. The formal rules of evidence which apply in other courts do not apply here. CPS workers can present hearsay evidence from third parties. They can present statements from three year olds or four … [Read more...]
Religious Court Could Not Make Decisions Concerning Custody And Visitation
Judge Daniel Palmieri, sitting in a Supreme Court part handling matrimonial matters in Nassau County, New York, recently vacated the decision of a Beth Din determination and award. Beth Din is a Jewish Religious Court. The parties in this case had entered into a written agreement to arbitrate financial issues related to the marriage before the … [Read more...]
Juvenile Delinquency Proceedings in the New York Family Court
Children who are charged with crimes will often have these crimes adjudicated in the Family Court of New York. These children are entitled to virtually the same rights guaranteed under the United States Constitution in the Family Courts they would have if they were prosecuted in the Criminal Courts in New York. Similarities and Differences … [Read more...]
Halle Berry’s Custody Issues
Halle Berry was married to Gabriel Aubry. They have a daughter named Nahia. Halle Berry is an oscar winning actress. She has been engaged in a custody fight over her two year old daughter Nahia. Halle has dropped out of a broadway play due to custody issues. She had been scheduled to make her broadway debut in September. The play was called the … [Read more...]
Smoker Told to Take Doctor’s Advice or Return to Jail
Mrs. McCloud was released from jail three months early to have a heart transplant. She ignored the advise of her doctors to stop smoking. She now either has to stop smoking, pursuant to the order of Judge Francis D. Ricigliano, or go back to jail! Nassau County District Judge Francis D. Ricigliano told Diane McCloud that she must stop smoking. … [Read more...]
Grandparents Seek Visitation with Grandchildren
In a case before Supreme Court Justice Janowitz, sitting in Nassau County, grandparents brought a proceeding seeking visitation with regard to their three grandchildren. The children’s parents asked Judge Janowitz to dismiss the case. They claimed the grandparents lacked standing to bring this proceeding. The grandparents' petition argued that … [Read more...]
Wife Gives Condo to Ex-husband
Justice Belen sits in the Appellate Division of the Second Department located in Brooklyn. He recently wrote a decision regarding a joint will involving Sandra Angelo Murray. In the year 2000, Mr. & Mrs. Murray entered into a divorce settlement agreement. In the divorce settlement, they reaffirmed their 1993 joint will. This 1993 joint will … [Read more...]
Nassau County District Attorney Informs Convicted Criminals About Family Crime Lab Analysis of Drugs
Kathleen Rice is the District Attorney of Nassau County. She has recently notified three hundred inmates serving time in local and upstate penitentiaries that they should contact their attorneys or local legal aid organizations. This is on the heels of the disclosure of problems faced by the Nassau County Police Department's crime lab. Problems … [Read more...]
Father’s Conduct Not Contemptuous
A proceeding was brought by a mother in Nassau County Supreme Court by Judge Falanga to hold her children’s father in civil contempt. The mother alleged the father, who was awarded custody of their child, had refused to make reasonable accommodations related to her Orthodox Jewish religious practices. She argued that her Orthodox Jewish observence … [Read more...]
Prenuptial Agreement In, Lawyer Out
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...]
