February 16, 2025
Appellate
Divison, First Department
February 16, 2025
Appellate
Divison, First Department
September 25, 2024In a family offense proceeding, the fact that some of the alleged conduct occurred years earlier is not dispositive, as “the issue is the imminence of the danger and not the age of the threat” However, the frequency and age of the alleged conduct is relevant in assessing whether there is “a pattern…
December 6, 2023
August 2, 2023Appellate Division, First DepartmentAge 29 Law allows unmarried children through age 29, regardless of financial dependence, to be covered under a parent’s group health insurance policy In B.D.,v. E.D.,— N.Y.S.3d —-, 2023 WL 4770159, 2023 N.Y. Slip Op. 03971(1st Dept, 2023) the Appellate Division observed New York’s Age 29 Law, which was effective…
December 14, 2022Pendente lite child support award will not be disturbed absent exigent circumstances or failure to consider appropriate factors. In Murray v Rashid, — N.Y.S.3d —-, 2022 WL 17490799, 2022 N.Y. Slip Op. 07001 (First Dept., 2022) the Appellate Division declined to disturb the pendente lite child support award where the husband …
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September 16, 2021 Appellate Division, First Department Disposition of prior petition to terminate mother parental rights which was favorable to the biological mother, did not preclude the findings of extraordinary circumstances in later kinship guardianship proceeding. In Matter of Guardianship of Nicolas Jude B., 195 A.D.3d 402, 150 N.Y.S.3d 58 (1st Dept.,2021) ,in 2008, the…
Appellate Division, Second Department Party claiming an investment account was actively managed has the burden of proof with respect to the claim. Expenses of leisure, extracurricular and enrichment activities are encompassed within the basic child support award. A court can order a parent to pay these expenses over and above basic child …
Appellate Division, Second Department Party claiming an investment account was actively managed has the burden of proof with respect to the claim. Expenses of leisure, extracurricular and enrichment activities are encompassed within the basic child support award. A court can order a parent to pay these expenses over and above basic child …
May 16, 2021Appellate Division, Second DepartmentSupreme Court had authority to modify child support under DRL § 236[B][9][b][2][i] upon showing substantial change in circumstances despite provision of agreement restricting modifications of child support In Park v Park, — N.Y.S.3d —-, 2021 WL 1653674, 2021 N.Y. Slip Op. 02536 (2d Dept., 2021) the parties were …