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Caselaw Update

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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APRIL 13, 2022 DECISIONS

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Matter of Fitzsimmons v. Fitzsimmons, 2019-07672 The Family Court determined that it was in the best interests of the children for the mother to have sole residential custody.  However, the attorneys for the children, in their briefs submitted to the Second Department, have brought new allegations since the order under…

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APRIL 6, 2022 DECISIONS

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Matter of Salim v. Freeman, 2021-05278 The mother moved to dismiss the father’s petition for child support on the ground that the Family Court lacked jurisdiction because there was a prior child support order that had been issued by a court in Virginia.  The Support Magistrate granted the mother’s motion,…

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MARCH 30, 2022 DECISIONS

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Matter of Walker v. Sterkowicz-Walker, 2020-04894 The Family Court’s determination to grant the father’s petition to modify a prior order so as to award him sole legal and residential custody of the child has a sound and substantial basis in the record, including evidence that the mother subjected the child…

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MARCH 23, 2022 DECISIONS

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Matter of Bailey v. Ayoub, 2021-00238 The parties are the parents of a child together.  In a 2018 order, the parties were awarded joint legal custody, the mother was awarded physical custody, and the father was awarded parental access.  On May 1, 2020, the father petitioned to modify the 2018…

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MARCH 16, 2022 DECISIONS

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Yinuo Yin v. Xiao Feng Qiao, 2021-00733 The lower court properly denied that branch of the plaintiff’s motion which was for an award of pendente lite maintenance, without prejudice, since she failed to attach a statement of net worth to her motion papers (see 22 NYCRR 202.16[k][2]; Barton v. Barton,…

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