Excellent Second Department Cases on Family Law
N.Y.A.D. 2 Dept.,2005.In re Derick Shea D.22 A.D.3d 753, 804 N.Y.S.2d 389, 2005 N.Y. Slip Op. 07959 HOWARD MILLER, J.P., DAVID S. RITTER, GLORIA GOLDSTEIN, and ROBERT A. SPOLZINO, JJ. In two related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals, as […]
The Court held that the Lower court had a sound and substantial basis for a change in custody
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENTDANIEL D. ANGIOLILLO, J.P.THOMAS A. DICKERSONL. PRISCILLA HALLROBERT J. MILLER, JJ. 2010-009302010-080402010-08041(Index No. 2309/02) [*1]Adelaida O’Brien, respondent, v Kevin O’Brien, appellant. Aaronson Rappaport Feinstein & Deutsch, LLP, New York, N.Y.(Elliott J. Zucker of counsel), for appellant.Mark D. Stern, Goshen, N.Y., for respondent. […]
Lisa Beth wins Custody Case
Appellate Division: Second Judicial Department Argued – June 19, 2009 2009-00143 DECISION & ORDER In the Matter of Alyse Larkin, appellant, v Caleb J. White, respondent. (Docket Nos. V-9582-07, V-9760-07) Lisa Beth Older, New York, N.Y., for appellant. Joan C. Salwen, Scarsdale, N.Y., for respondent. Joseph P. Abbenda, Glen Cove, N.Y., attorney for the child. […]
Termination of Child Support Obligations when a Child Abandons a Parent
New York and Brooklyn Divorce Lawyer Lisa Beth Older comments upon the case which follows, written by the New York Supreme Court, Fourth Department. In the below case, the Supreme Court states in pertinent part that if a child abandons a parent that parent is entitled to a hearing as to whether or not it is appropriate for the New York Court […]
Case of the Fourth Department of the State of New York on Child Abuse
New York Divorce Laywer posts case of the Fourth Department of the State of New York on child abuse SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1070 CAF 10-01876 PRESENT: SCUDDER, P.J., SMITH, CENTRA, GREEN, AND GORSKI, JJ. IN THE MATTER OF CHELSEY B. —————————————— ERIE COUNTY DEPARTMENT OF […]
Interfering with a Father’s Visitation Rights results in a change of Custody Agreement
Lisa Beth Older, Esq. a New York Family Law lawyer, discusses a recent custody case coming out of the Supreme Court appellate court, Third Department in June 2011 which upheld the lower Family Court Decision to take custody away from the Mother and half sibling on the below facts. The Court held that it was wrong of the Mother to […]
Lisa Beth Older New York, a Brooklyn Divorce Lawyer, comments on the March 2011 amendment to the Domestic Relations law
Amendment DRL240(1) (a) and its impact on Battered woman’s Syndrome: Abuse as a Mandatory Factor in “Best Interests” analysis In March 2011 the Domestic Relations law was amended in recognition of the impact spousal abuse has on the best interest of children, requiring that the court consider the factor and affect domestic violence has upon the […]
How the new New York Spousal Support Statute Applies to Your Case
Lisa Beth Older, Esq. an attorney in New York, cites a case on point as to how the new New York spousal support statute applies to your case: KHAIRA v. KHAIRA Camille KHAIRA, Plaintiff–Respondent, v. Jasvinder Singh KHAIRA, Defendant–Appellant. — February 07, 2012 DAVID B. SAXE, J.P., JOHN W. SWEENY, JR., LELAND G. DeGRASSE, SALLIE […]
Attorney Fees in a Divorce Case
New York Divorce Lawyer Lisa Beth Older states that in the below New York Divorce case decided on November 28, 2012 the Supreme Court Appellate Division upheld an appeal from an award of attorney fees to the Wife in the amount of $168,000.00. In part, the Court upheld the award because the Father appealed from […]
FAILURE TO PAY CHILD SUPPORT IN NEW YORK HAS DRASTIC CONSEQUENCES
Lisa Beth Older, Esq. an attorney in New York reports that the Appellate Division First Department affirmed a lower Court Decision that sentenced the Father for willful nonpayment of child support that sentenced him to incarceration for a p[period of four months, with the condition that if he paid $5000.00 his sentence would be purged. […]