Caselaw Update

A weekly summary of divorce and family law decisions issued by the Supreme Court of New York, Second Department.

April 29, 2020 Decisions

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Supreme Court properly awarded plaintiff 95% of equity in the marital residence where defendant was under house arrest or imprisoned from time of purchase until commencement of divorce Jones v. Jones, 2017-08387 The parties in this case were married in 1990 and have one emancipated child. While the marital residence…

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April 9, 2020 Decisions

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On motion to vacate Child Support Order entered on default, the Family Court erred in requiring father to meet the burden of proving that he was not served with the petition Matter of K. (Anonymous) v. S. (Anonymous), 2019-07754 Appeal from an Order of the Family Court, Suffolk County, which…

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April 2, 2020 Decisions

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In support proceeding, Family Court erred in awarding attorney fees where Father was not given an opportunity to challenge the appropriateness or amount requested Matter of Camarda v. Charlot, 2018-13247; Matter of Camarda v. Charlot, 2018-13248 In February 2015, the father filed a petition for a downward modification of his…

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March 25, 2020 Decisions

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Order Dismissing Nonparent Custody Petitions Reversed; Mother’s Boyfriend and Maternal Grandfather Proved Extraordinary Circumstances Sufficient for Standing Moynihan v. Cohen, Cohen v. Moynihan, Krasnoff v. Cohen, 2019-03088 The mother and the father, Alexander Roy Cohen, divorced in 2015 and the mother was awarded sole legal and residential custody of their…

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March 4, 2020 Decisions

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Family Court properly held consent of incarcerated father was not required for adoption of newborn where he failed to assert his ability and willingness to assume custody Matter of O. (Anonymous), Baby Boy, 2018-14246; Matter of O. (Anonymous), Baby Boy, 2019-02546 The biological father was incarcerated during the birth mother’s…

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February 26, 2020 Decisions

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Modification of custody supported by a sound and substantial basis in the record; Mother granted sole custody where Father’s behavior resulted in fear and anxiety in the children Matter of Solomon v. Fishman, 2018-08743; Matter of Fishman v. Solomon, 2018-08934 The father appealed from an Order of the Family Court…

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February 19, 2020 Decisions

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Father’s consent to adoption of child born out of wedlock not required; Father failed to maintain regular visitation or communication with the child Matter of G. (Anonymous), L., 2019-01888 In an adoption proceeding, the father appealed from an order which confirmed the report of a Judicial Hearing Officer, made after…

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February 5, 2020 Decisions

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Family Court erred in denying mother’s petition for relocation, Mother established move to South Carolina is in children’s best interests Matter of Masiello v. Milano, 2019-01886; Matter of Milano v. Masiello, 2019-01886 The mother appealed from an Order of the Family Court which, after a hearing, denied her petition for…

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January 29, 2020 Decisions

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Family Court properly dismissed custody modification proceeding where prior petition was pending for the same relief Matter of Thelot v. Patterson, 2018-04281 Appeal from an order of the Family Court which dismissed the mother’s petition to modify custody on the grounds that another petition was pending for the same relief….

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