Caselaw Update

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

JULY 20, 2022 DECISIONS

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Matter of Jean-Baptiste v. Jean-Baptiste, 2021-07992 The Family Court properly denied the father’s objections to the Support Magistrate’s order.  Although the father is correct that the finding regarding his weekly income was not supported by evidence before the Support Magistrate, the Second Department nonetheless affirms since he failed to establish…

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JULY 13, 2022 DECISIONS

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Matter of VanDunk v. Bonilla, 2021-04240 The parties have two children together.  In a prior custody proceeding, the Family Court, Rockland County, awarded joint legal custody to the parties and sole physical custody to the father.  In May 2020, the mother commenced this family offense proceeding seeking an order of…

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JULY 6, 2022 DECISIONS

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Matter of Stantini v. Reed, 2021-07196 At the time of the subject child’s birth, the parents, who were never married, were not living together.  In an order dated January 18, 2013, which was issued while the father was incarcerated, the Family Court awarded the mother sole custody, denied the father…

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JUNE 22, 2022

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Matter of Hamid v. Ramroop, 2021-04671 The father appeals from a Family Court order that denied the father’s objections to an order which, after a hearing, and upon findings of fact, dismissed his petition for child support without prejudice. The Family Court properly denied the father’s objections on the grounds…

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JUNE 15, 2022 DECISIONS

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Matter of Hogan v. Smith, 2021-05856 The parties have joint physical and legal custody.  In March, 2021, the the father petitioned to modify the order seeking final decision-making authority regarding the children’s education.  A virtual appearance was held on March 23, 2021, at which the Family Court, noting the “history”…

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JUNE 8, 2022 DECISIONS

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Matter of Thomas v. Mobley, 2020-06449 In 2015, the parties agreed to an Order which awarded them joint custody of their child, with residential custody to the mother, and parenting time to the father, and a restriction that neither party may relocate the child outside of Suffolk or Nassau County…

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JUNE 1, 2022 DECISIONS

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Matter of Soumare v. White, 2021-03369 The father petitioned to enforce a Family Court order of parental access, asserting that the mother was violating the order.  The petition alleged that on a recent Sunday, when the father arrived 10 minutes late to pick up the child, the mother left the…

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MAY 25, 2022 DECISIONS

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Gluck v. Gluck, 2020-01458 In an action for divorce, the parties entered into a Stipulation of Settlement wherein they agreed to divide the defendant’s pension.  The defendant’s entire career with the NYPD occurred during the marriage, but his pension included a portion for service and a portion for accident disability. …

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APRIL 27, 2022 DECISIONS

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Shvalb v. Rubinshtein, 2019-05937 A trial was held in a divorce case on the issues of equitable distribution, child support, and counsel fees.  The lower court properly determined that the marital residence in Staten Island was the defendant’s separate property because he purchased it prior to the marriage (see Carniol…

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APRIL 20, 2022 DECISIONS

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Matter of Trejo v. Pavon, 2018-08382 The mother and father each petitioned for sole legal and residential custody of their child.  Following a hearing that commenced in 2016 and continued until 2018, the Family Court denied the mother’s petition, granted the father’s petition, and awarded the mother unsupervised parental access. …

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