In the Matter of the Appeal of D.D., Pursuant to Section 422 of the Social Services Law
May 21, 2004
OUTCOME: Since maltreatment was not established by a fair preponderance of the evidence, the indicated report was amended to unfounded, with the records being sealed.
Appellant was accused of inadequate guardianship of both of his daughters. The County alleged his children were having physical reactions because of his negative feelings regarding their ther...apy. The conflict between the adults was affecting the children's emotional well-being and their safety and stability.
Expungement
In the Matter of the Appeal of D.B., Pursuant to Sections 400 and 422 of the Social Services Law
Mar 10, 2004
OUTCOME: Appellant's request to amend the indicated report was denied. Same was relevant and reasonably related to child care issues.
The Central Register contained three indicated reports of maltreatment by the Appellant of her foster children, who were 4 and 2 1/2 years old. While unsupervised, the 4-year-old fell from a second-flo...or bedroom window in her home. The child suffered a fractured femur and head contusion, which resulted in her being placed in a body cast. Additionally, the home was unsanitary, unkempt, and cluttered. The agency indicated the Appellant for inadequate guardianship and lack of supervision. Appellant alleged she had been doing laundry and vacuuming for an hour in the basement, believing the children were safe. Yet the children's bedrooms were on the second floor, and there were no safety locks on the windows. Her testimony to the contrary was not credible. The agency, which is charged with the responsibility for each child in its care, removed the children from Appellant's home. Appellant requested a fair hearing.
Family
C.F. v. J.F. (New York State Family Court; County of Columbia, 2003)
Nov 13, 2003
OUTCOME: Court awarded father with sole legal and physical custody of his son; father having proved a change in circumstance based on the mother's alienation.
Petitioner (father) sought a modification of a Court Order wherein Respondent (mother) had sole legal custody of her 12-year-old son. After three days of trial, evidence was produced regarding the mot...her's deliberate interference with the father's parenting time, and her deliberate sabotage of the relationship between child and father. A forensic psychological evaluation was done, wherein the psychologist testified and validated the father's allegations. The mother's testimony at trial was not credible, and the Court found the mother was deliberately alienating the son from the father. The Court ordered that Respondent's visitation with her son be supervised in a therapeutic setting, with a supervising counselor, who was to terminate the sessions at any time the Respondent was unable to refrain from denigrating the father or discussing adult issues, such as the trial. The Court further ordered the mother to immediately enroll in counseling with a psychiatrist or psychologist familiar with alienation syndrome, and further, to refrain from any attempt to communicate with the child except through the supervised parenting time.
Child custody
B.C.B. v. P.N.S. (New York State Family Court; County of Schenectady, 2002)
Mar 22, 2002
OUTCOME: After several days of trial, the Court held there existed a substantial change of circumstances, and awarded Petitioner sole legal and physical custody of his daughter.
Petitioner had joint legal and physical custody of his daughter and moved to seek sole legal custody. After multiple experts testified, it was clear Respondent had violated the previous Order of the Co...urt, having failed to put aside her anger toward Petitioner for the sake of the child. Appearing at the child's school, Respondent had behaved so disruptively that the State Police were called; at co-parent counseling, her anger was such that it was evident the parties could not communicate. Respondent further changed the child's doctor without telling Petitioner, and enrolled her in another school district, again without telling Petitioner. The Court also noted her demeanor during the trial. Throughout her testimony, Respondent constantly referred to Petitioner in a derogatory manner, while closing her eyes, plugging her ears, and avoiding eye contact with everyone in the courtroom.
Appeals
In the Matter of Catherine, 280 A.D.2d 732 (3rd Dept. 2001)
Feb 01, 2001
OUTCOME: Family Court's decision was affirmed. Petitioner established by a preponderance of the evidence Respondent's neglect of the child due to his failure to exercise a minimum degree of care.
Respondent appealed an Order of the Family Court finding him to have neglected his child. Respondent asserted that Petitioner failed to establish his neglect of the child by a preponderance of the evid...ence. The Court reviewed the fact-finding hearing of the Family Court and duly noted Respondent's numerous acts of misconduct during the exchange of the child; his threats to Petitioner; his taping of his own telephone conversations with the child; and photographing and videotaping visitation exchanges.
Expungement
In the Matter of LEE TT., 87 N.Y.2d 699 (1996)
Apr 04, 1996
OUTCOME: Standard use by DSS to deny expunction request violated due process. DSS at Fair Hearing must us some credible evidence.
The due process clause of the federal Constitution requires DSS to substantiate reports of child abuse by a fair preponderance of the evidence before they may be disseminated to providers and an agenc...y as a screening device for further employment. During the initial investigation process the information may be retained on the strength of some credible evidence and released to healthcare and law enforcement agencies.
Divorce and separation
Szot v. Iannone, (New York State Supreme Court; County of Albany, 2009)
N/A
OUTCOME: After trial, Court granted husband a divorce on the grounds of cruel and inhuman treatment, finding that anger, violence, and disparaging remarks by the wife and her son toward the husband served as a medical nexus to worsen husband's heart condition.
Husband alleged cruel and inhuman treatment by wife in short-term marriage. Husband had a heart condition, and he alleged the stress of the marriage seriously exacerbated it. Issues addressed: the elem...ents of cruel and inhuman treatment, credibility of medical testimony.
Family
D. v. D. (New York State Family Court; County of Columbia, 2009)
N/A
OUTCOME: After trial, father's petition was dismissed. The Court found his testimony inconsistent, and held that the mother having supplied alcohol to her 15-year-old on one occasion did not warrant a change in custody.
Parties had joint legal custody of three children, and the mother had physical custody, except for a brief period when the father had one child. Father moved to seek a modification of custody for all t...hree children, alleging that the mother provided the minor son with alcohol and drank it with him. Issues addressed: best interests of children, change in circumstances, admission of evidence, Court's alleged abuse of discretion, Lincoln Hearing in Court's discretion, alcohol abuse, parental fitness.
Divorce and separation
Williams v. Williams, No.: 514199 (3rd Dept. 2012)
N/A
OUTCOME: Wife granted long-term maintenance, attorney's fees, and equitable portion of husband's pension, despite his objection to some financial accounts.
Long-term marriage, children emancipated. Mother was primary parent and father was primary wage-earner. Issues addressed: equitable distribution, the amount and duration of maintenance, allocation of ...debts, health insurance, attorney's fees.
Divorce and separation
Yaghi v. Catalano, 84 A.D.ed 1521 (3rd Dept. 2011)
N/A
OUTCOME: Husband could not prove he had an interest in the wife's business.
Long-term marriage with no children. Husband alleged a premarital contribution toward wife's purchase of a business during the marriage. Issues addressed: equitable distribution of business, classifi...cation of property, separate property credits for real property, adequacy of record for determination of separate property to husband.
