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Caselaw Update

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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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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