Caselaw Update

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

MARCH 9, 2022 DECISIONS

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Fisch v. Davidson, 2021-00155 The Second Department reversed the Order of the Suffolk County Supreme Court which denied the defendant’s motion for change of venue of the divorce action from Suffolk County to New York County.  Suffolk County was not a proper venue based on the parties’ residence. The defendant…

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MARCH 2, 2022 DECISIONS

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Matter of Nizen v. Jacobellis, 2021-06576 The Family Court properly denied the father’s objections to an order of a support magistrate on the ground of improper service.  The father did not claim or bring forward evidence that he attempted to serve his objections upon the mother by any other means…

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FEBRUARY 23, 2022 DECISIONS

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Matter of Petrushka v. Abizadeh, 2021-04373 The Family Court properly denied the father’s objections to the Support Magistrate’s order dated February 21, 2020, which granted the mother’s petition for a downward modification of her child support obligation.  Contrary to the father’s argument, the record supported the Support Magistrate’s determination that…

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FEBRUARY 16, 2022 DECISIONS

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Matter of Sylvester v. Goffe, 2020-07276 The parties have one child together, who was born in 2015.  Pursuant to an order, the father was directed, among other things, to pay $100 weekly in basic child support.  In August 2019, the mother filed a petition, alleging that the father was in…

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FEBRUARY 9, 2022 DECISIONS

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Matter of LaPeta v. Restivo, 2021-03206 Here, the parties share one child.  In November 2020, the father petitioned to modify the parties’ parental access arrangement, as set forth in a January 7, 2020 order entered on consent.  Under the January 2020 order, the parties were awarded joint legal custody, with…

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FEBRUARY 2, 2022 DECISIONS

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Matter of V. (Anonymous) v. E. (Anonymous), 2021-02954 In June 2020, the petitioner commenced this proceeding for a declaration that he is the father of the subject child and an order for genetic testing.  Following a determination that the mother married her husband in April 2017, the Support Magistrate denied…

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JANUARY 26, 2022 DECISIONS

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Keren v. Keren, 2019-03124 In an action for a divorce and ancillary relief, the defendant appealed from an amended judgment of divorce which, upon a decision of the lower court dated August 22, 2018, following a trial, awarded the plaintiff 50% of the defendant’s interest in Manhattan Bridge Car Wash…

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JANUARY 19, 2022 DECISIONS

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Hepheastou v. Spaliaras, 2020-08062 The parties were married in May 2013 and have two children.  In June 2016, the plaintiff commenced this action for a divorce and ancillary relief shortly after she moved from the marital residence with the parties’ first child, while she was pregnant, and began residing with…

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JANUARY 12, 2022 DECISIONS

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Matter of Marinho v. Apolinario, 2020-06854 The parties were married and have four children together.  During their marriage, they lived in New Jersey.  The parties entered into a Property Settlement and Separation Agreement (‘the agreement’) in New Jersey, providing that the father was the party of “primary residential custody” and…

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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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