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Judge questions man’s indigent status
While state Supreme Court Justice Richard Dollinger is requiring a defendant, in one case, to prove that he qualifies for an appointed attorney at no cost, the Fourth Department found that the same man qualifies for an appointed counsel in an appeal of a decision by Dollinger in a related matter. The circumstances raise questions […]
Man with Asperger’s gets sole child custody
A Central New York man with Asperger’s syndrome has sole legal and physical custody of his 3-year-old son, over the objections of the boy’s mother, granted in a unique Onondaga County Family Court decision published this week. In reaching his decision, Family Court Judge Michael L. Hanuszczak reviewed five days of testimony from the parents, […]
Fourth Department – Child Custody: Matter of Martha S.
Appellate Division, Fourth Department – Child Custody – Neglect – Consent to Order – Appeal Matter of Martha S. CAF 13-01091 Appealed from Family Court, Genesee County Background: The respondent mother appeals from an order that found she neglected the subject children. Ruling: The Appellate Division dismissed the appeal. The court noted […]
Fourth Department – Child Custody: Matter of Lacey-Sophia T.-R.
Appellate Division, Fourth Department – Child Custody – Neglect – Leaving Child with Appropriate Caregivers Matter of Lacey-Sophia T.-R. CAF 13-01836 Appealed from Supreme Court, Jefferson County Background: The respondent mother appealed arguing that the petitioner father failed to establish that she neglected the subject child. The petitioner alleged that the 20-year-[...]
Fourth Department – Child Custody: Hill v. Flynn
Appellate Division, Fourth Department – Child Custody – Relocation – Distance and Economic Necessity Hill v. Flynn CA 13-00239 Appealed from Family Court, Yates County Background: The respondent mother appealed from an order the denied her permission to relocate with the parties’ child to Tennessee. Ruling: The Appellate Division affirmed. The court […]
Fourth Department – Child Custody: Caughill v. Caughill
Appellate Division, Fourth Department – Child Custody – Best Interests of the Child Analysis Caughill v. Caughill CAF 13-01202 Appealed from Family Court, Erie County Background: The respondent father appealed arguing that the court erred in modifying a prior custody order by awarding custody of the children to the petitioner mother. Ruling: […]
Decision of Interest: Supreme Court, Monroe County — Same Sex Marriage — Child Custody: Wendy G-M v. Erin G-M
Supreme Court, Monroe County Same Sex Marriage — Child Custody Artificial Insemination — Non-Biological Parent Wendy G-M v. Erin G-M 13-13669 Judge Dollinger Background: At issue in the underlying divorce action, the court was required to determine whether a parent who is not the biological spouse is a parent of a child conceived by artificial […]
Fourth Department — Child Custody: Matter of Lebraun H.
Appellate Division, Fourth Department Child Custody Neglect — Sex Abuse Allegations — Evidence of Sexual Abuse Matter of Lebraun H. CAF 11-02392 Appealed from Family Court, Erie County Background: The petitioner Department of Social Services commenced an Article 10 proceeding alleging that the subject child had been neglected by the child’s paternal grandmother, the respondent. […]
Fourth Department — Child Custody: Ragin v. Dorsey
Appellate Division, Fourth Department Child Custody Change in Circumstances — Transfer to Closer Correctional Facility Ragin v. Dorsey CAF 12-00010 Appealed from Family Court, Erie County Background: The father appealed from an order dismissing his petition to modify a prior consent order that allowed him to correspond only by mail with his child. The father sought […]
Second Circuit — Child Custody: Asuncion Mota v. Rivera Castillo
U.S. Court of Appeals for the Second Circuit Child Custody International Child Abduction Remedies Act Asuncion Mota v. Rivera Castillo 12-180-cv Judges Hall, Carney and Berman Background: The defendant appealed from the grant of plaintiff’s petition for the return of his five-year-old daughter to the mother’s custody in Mexico. The child and the parents were […]
Child Custody: Factors
Appellate Division, Fourth Department Child Custody Factors CAF 09-01809 Appealed from Oneida County Family Court Background: In a custody proceeding, the judge granted custody to the mother with visitation to the mother. On appeal, the mother contended that the judge failed to set forth its findings of fact and reasons for its determination. Ruling: The […]
Child Custody: Matter of Graves v. Stockigt
Appellate Division, Third Department Child Custody Change in Circumstance — Best Interests Matter of Graves v. Stockigt 507691 Appealed from Family Court, Tioga County Background: Pursuant to a January 2008 amended order, petitioner father and respondent mother shared joint custody of their son, who was born in 2004, with the mother having primary physical custody. […]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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