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# Law Office of J. Douglas Barics

solutions for long islanders facing complex divorces and appeals

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## Posts

- [Blog](https://jdbar.com/blog/)

## Pages

- [Law Office of J. Douglas Barics](https://jdbar.com/) - Experienced Long Island divorce & appeals lawyer will find solutions for you. Complex legal issues welcome. 631-864-2600.
- [The Procedure of a Divorce in New York](https://jdbar.com/articles/procedure-divorce/) - Article: Understanding the steps taken in a New York Divorce is an invaluable part of any divorce. An explanation of each step from start to finish.
- [Family Court Appeals in Long Island New York](https://jdbar.com/practice-areas/family-court/appeals/) - Experienced Family Law appellate attorney with a proven track record will assist you in your appeal. Call 631-864-2600 for a free phone consultation
- [Residency Requirements for a NY Divorce and Matrimonial Actions under DRL 230](https://jdbar.com/articles/residency-matrimonial-actions/) - Article: Residency requirements for all matrimonial actions is either one or two years unless a both spouses live in NY and the fault occurred in New York.
- [Published Cases](https://jdbar.com/about/published-cases/) - With a success rate of approximately sixty percent on our appeals, we look forward to helping you win your appeal. View our published appellate decisions.
- [About](https://jdbar.com/about/) - Admitted in 1994. Mr. Barics immersed himself in divorce and appeals using his strength in math and writing skills to represent people facing complex problems.
- [Annulment Attorney in Commack](https://jdbar.com/practice-areas/divorce/annulment/) - Annulment attorney in Commack Long Island with 30 years experience will assist you in your annulment and obtain equitable distribution and maintenance.
- [Long Island Contested Divorce Attorney](https://jdbar.com/practice-areas/divorce/contested-divorce/) - Contested divorce attorney in Nassau & Suffolk, NY. Our 30-year veteran resolves tough custody and property disputes. Free phone consultation. Call now!
- [Uncontested Divorce Attorney in Commack Long Island](https://jdbar.com/practice-areas/divorce/uncontested-divorce/) - Uncontested divorces prepared by attorney with 30 years of experience. Download free forms for the uncontested divorce package or we can do it for you.
- [Matrimonial Law Attorney in Commack New York](https://jdbar.com/practice-areas/divorce/) - An overview of all aspects of Matrimonial Law in New York. If you have questions, you'll find the answers here. Visit our website for more in depth information.
- [Child Support Lawyer in Commack, NY | Nassau and Suffolk County](https://jdbar.com/practice-areas/divorce/child-support/) - Need child support help in Nassau or Suffolk County? Commack, NY lawyer uncovers hidden income and fights for fair support. Free phone consultation.
- [Suffolk & Nassau Equitable Distribution Attorney](https://jdbar.com/practice-areas/divorce/equitable-distribution/) - Need equitable distribution help in a Long Island divorce? 30+ years of experience securing your share of marital property in NY.
- [Rates and Fees](https://jdbar.com/about/rates-fees/) - RATES AND FEES RATES AND FEES
- [Foreclosure Defense](https://jdbar.com/practice-areas/foreclosure/defense/) - Experienced Long Island foreclosure defense attorney with proven track record will assist you in your foreclosure defense.
- [Foreclosure Motion Practice in New York](https://jdbar.com/practice-areas/foreclosure/motions/) - Motion practice is a critical part of an effective defense in foreclosure actions. Call for a free consultation to discuss your foreclosure matter.
- [Foreclosure Appeals](https://jdbar.com/practice-areas/foreclosure/appeals/) - Long Island foreclosure appellate attorney will assist you in your foreclosure appeal. Proven track record. Call for free phone consultation.
- [What is a Constructive Trust](https://jdbar.com/articles/what-constructive-trust/) - What is a Constructive Trust What is a Constructive Trust Understanding the Constructive Trust By J. Douglas Barics February 2025 A constructive trust a remedy used by the courts to prevent unjust enrichment. Its purpose is not to enforce agreements which were never completed, but instead they are designed to rectify fraud or unjust enrichment
- [Articles](https://jdbar.com/articles/) - Our articles cover a wide range of issues involving divorce and appeals. Read them when you're ready to go beyond the basics.
- [Appeals in Constructive Trust Actions](https://jdbar.com/practice-areas/constructive-trust/appeals/) - Appeals in Constructive Trust cases occur when a trial judge makes an error, and a request is made to an appellate court to review and correct the mistakes.
- [Links](https://jdbar.com/resources/links/) - Links November 2024 As many old links were dead, or the sites were old and not updated, all links are being updated and rebuild. February 2025 Building new list for many areas. Many old sites still exist but are now paid directories, having removed a wealth of information. Legal Research Tools for Child Support Taxes
- [Prosecution of Appeals](https://jdbar.com/practice-areas/appeals/prosecution/) - Successful appeals are far more than simply writing a persuasive winning brief. Experienced appellate attorney can assist you in your appeal.
- [Defending Against an Appeal](https://jdbar.com/practice-areas/appeals/defense/) - Experienced appellate counsel will defend you in an appeal. When the winning arguments you made at trial are being tested on appeal, we can help.
- [Cross Appeals](https://jdbar.com/practice-areas/appeals/cross-appeal/) - A cross appeal occurs when both sides are appealing the same order or judgment. Experienced appellate attorney will help you with your cross appeal.
- [Stay of Enforcement Pending an Appeal](https://jdbar.com/practice-areas/appeals/stay-enforcement/) - Experienced appellate attorney can help you request a stay of enforcement pending the appeal for matters in the Appellate Division, First or Second Department.
- [Appellate Motion Practice](https://jdbar.com/practice-areas/appeals/appellate-motion/) - Appellate motion practice is an integral part of appellate litigation. When necessary, an appellate motion can resolve potentially fatal procedural issues.
- [5704 Review of Ex Parte Orders](https://jdbar.com/practice-areas/appeals/5704-review/) - Experienced appellate counsel can assist you with a 5704 review of an unsigned order to show cause or denial of a T.R.O. A 5704 review is one of several options
- [DRL 5: Incestuous and void marriages](https://jdbar.com/statutes/drl-5/) - Domestic Relations Law 5 DRL 5: Incestuous and void marriages DRL 5 Incestuous and void marriages A marriage is incestuous and void whether the relatives are legitimate or illegitimate between either: 1. An ancestor and a descendant; 2. A brother and sister of either the whole or the half blood; 3. An uncle and niece
- [Void Marriage Lawyer](https://jdbar.com/practice-areas/divorce/void-marriage/) - A void marriage does not prevent the court from granting all financial relief as it defined by statute as a matrimonial action. Let an experienced attorney help
- [Maintenance](https://jdbar.com/practice-areas/divorce/maintenance/) - Divorce attorney with over 25 years experience represents clients in all matters involving spousal maintenance. 631-864-2600
- [Long Island Custody Attorney](https://jdbar.com/practice-areas/divorce/custody/) - Experienced custody attorney will help you with your custody matter. Our goal is to reach a settlement as we believe less litigation leads to better parenting.
- [Exclusive Occupancy](https://jdbar.com/practice-areas/divorce/exclusive-occupancy/) - Experienced divorce lawyer can assist you in obtaining both temporary and final exclusive occupancy of the marital home as part of your divorce. 631-864-2600
- [Attorney Fee Awards](https://jdbar.com/practice-areas/divorce/attorney-fee-awards/) - Experienced Long Island matrimonial attorney can assist you in obtaining an attorneyl fee award, or help oppose a baseless fee request. 631-864-2600
- [Expert Fee Awards](https://jdbar.com/practice-areas/divorce/expert-fee-awards/) - Long Island Divorce attorney can help obtain expert fees as part of your divorce to offset costs when your spouse has greater financial resources than you.
- [Pendente Lite Relief in Matrimonial Actions](https://jdbar.com/practice-areas/divorce/pendente-lite/) - Do you need a temporary order of support? The Law Office of J. Douglas Barics provides expert representation in pendente lite motions in all matrimonial actions
- [Same Sex Divorce Attorney on Long Island](https://jdbar.com/practice-areas/divorce/same-sex-divorce/) - Legal assistance for individuals in same-sex divorce in New York, covering all aspects long term relationships, pre-MEA marriages and post MEA same sex divorces
- [Modification of Child Support](https://jdbar.com/practice-areas/divorce/modification-child-support/) - Experienced child support modification lawyer in Long Island will help you obtain a modification of child support or defend the existing order.
- [Modification of Spousal Maintenance](https://jdbar.com/practice-areas/divorce/modification-maintenance/) - Matrimonial lawyer with over 25 years experience will assist you in your spousal support modification proceeding. Free phone consultation.
- [High Net Worth Divorce](https://jdbar.com/practice-areas/divorce/high-net-worth-divorce/) - High net worth divorces often involve complex issues which the courts do not see on a routine basis. Having an attorney who understands these issues is critical
- [Complex Matrimonial Challenges](https://jdbar.com/practice-areas/divorce/complex-matrimonial-challenges/) - Experienced divorce attorney will help you in complex matrimonial actions. Complex divorces can range from complicated finances to a procedural morass
- [Matrimonial Agreements](https://jdbar.com/practice-areas/divorce/matrimonial-agreements/) - Experienced Suffolk County Divorce lawyer will assist you with your matrimonial agreement. Prenuptial, Separation or Stipulations. Let our experience help.
- [Matrimonial Appeals](https://jdbar.com/practice-areas/divorce/matrimonial-appeals/) - Experienced matrimonial appellate attorney can assist you in your appeal from your divorce. Many of our appeals involve complex issues. 631-864-2600.
- [Foreclosure Overview](https://jdbar.com/practice-areas/foreclosure/) - Experienced foreclosure attorney will assist you in defending your foreclosure. Proven track record of successful appeals. Free phone consultation
- [Appeals in Partition Actions](https://jdbar.com/practice-areas/partition/appeals/) - Experienced partition appellate lawyer will help you with your partition appeal. Call 631 864-2600 for free phone consultation.
- [Notice of Pendency in Partition Actions](https://jdbar.com/practice-areas/partition/notice-pendency/) - A notice of pendency puts the world on notice about the underlying partition action and prevents a defendant from avoiding the case by selling their interest.
- [Motion Practice in Partition Actions](https://jdbar.com/practice-areas/partition/motions/) - When a partition action is necessary, effective motion practice is critical to protecting your interests, whether its filing your own motion or opposing one.
- [Accounting in Partition Actions](https://jdbar.com/practice-areas/partition/accounting/) - An accounting is required in New York Partition actions. It does not need to be specifically requested as it is considered incidental to the partition itself.
- [Defending a Partition Action](https://jdbar.com/practice-areas/partition/defense/) - Defending a partition action is no easy task. The defenses do not fall into a list as they are fact specific to each case and cover different areas of law.
- [Prosecuting a Partition Action](https://jdbar.com/practice-areas/partition/prosecution/) - Prosecuting a partition action starts with the filing of the summons and complaint in NY Supreme Court. The relief requested is to divide or sell the property.
- [Partition Actions in New York](https://jdbar.com/practice-areas/partition/) - A partition is a request for the court to order a sale or division of jointly owned property. Experienced partition attorney can help you navigate the process.
- [Notice of Pendency in Constructive Trust Actions](https://jdbar.com/practice-areas/constructive-trust/notice-pendency/) - A notice of pendency is a public notice to protect the plaintiff's interest in a constructive trust case over real property while the case is pending.
- [Motion Practice in Constructive Trust Actions](https://jdbar.com/practice-areas/constructive-trust/motions/) - Motions made in Constructive Trust cases are an essential part of the litigation process. Experienced attorney will advocate for your interests.
- [Defense of Constructive Trusts](https://jdbar.com/practice-areas/constructive-trust/defense/) - Defending against a claim of a constructive trust involves both a direct challenge to the claims of the plaintiff and to prove any asserted affirmative defenses
- [Prosecution of Constructive Trusts](https://jdbar.com/practice-areas/constructive-trust/prosecution/) - Prosecution of a constructive trust case starts the filing of the summons and complaint. Winning requires a combination of knowledge of the law and trial skills
- [Constructive Trusts](https://jdbar.com/practice-areas/constructive-trust/) - The constructive trust is a remedy often used when you put a house in someone else's name or if your money is improperly transferred to someone else.
- [Long Island Appeals Lawyer](https://jdbar.com/practice-areas/appeals/) - Experienced appellate counsel will help you with your appeal. Proven success record. Exemplary analytical skills and top notch brief writing.
- [Heather SS. v Ronald SS. (Third Department 2019)](https://jdbar.com/cases/heather-ronald/) - In the Matter of HEATHER SS., Respondent, v RONALD SS., Appellant. ATTORNEYS FOR THE CHILDREN, Appellants. Appellate Division, Third Department Decided on June 6, 2019 Matter of Heather SS. v Ronald SS. 2019 NY Slip Op 04506 Before: Lynch, J.P., Clark, Mulvey, Aarons and Rumsey, JJ. Andrea J. Mooney, Ithaca, attorney for the child, appellant.
- [King v. King (Third Department 1996)](https://jdbar.com/cases/l-king-c-king/) - In the Matter of Lealand A. King, Respondent, v. Karen C. King, Appellant. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT March 7, 1996, Decided March 7, 1996, Entered King v. King 225 A.D.2d 819; 638 N.Y.S.2d 980 COUNSEL Sandra M. Colatosti, Rensselaer, for appellant. William B. Gannon, Troy, for respondent. Martin Kehoe III,
- [aaa renee-frank](https://jdbar.com/cases/renee-frank/) - Matter of Renee P.-F. v Frank G. Appellate Division, Second Department Decided on May 30, 2018 . Matter of Renee P.-F. v Frank G. 2018 NY Slip Op 03839 In the Matter of Renee P.-F. (Anonymous), respondent, v Frank G. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Frank G. (Anonymous), appellant,Renee P.-F. (Anonymous),
- [Lincoln v. Lincoln (Court of Appeals 1969)](https://jdbar.com/cases/lincoln/) - In the Matter of Richard Lincoln, Respondent, v. Sonia Lincoln, Appellant Court of Appeals of New York February 25, 1969, Argued April 9, 1969, Decided Lincoln v. Lincoln 24 N.Y.2d 270; 247 N.E.2d 659; 299 N.Y.S.2d 842 JUDGES: Keating, J. Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen concur. OPINION A father
- [Objections to Support Magistrate's Support Order](https://jdbar.com/practice-areas/family-court/objections/) - Objections can be filed to orders issued by a Family Court Support Magistrate. Upon the filing of objections, the support order will be reviewed by a Judge.
- [New York Courts](https://jdbar.com/resources/ny-courts/) - New York Courts The Court of Appeals 20 Eagle Street Albany, New York 12207 Phone: (518) 455-7700 The Appellate Division Appellate Division First Department 27 Madison Avenue New York, NY 10010 (212) 340-0400 Appellate Division Second Department 45 Monroe Place Brooklyn, NY 11201 (718) 875-1300 Appellate Division Third Department Robert Abrams Building for Law
- [Equitable Distribution: How Marital Property is Divided in New York under Domestic Relations Law Section 236 B(5)](https://jdbar.com/articles/equitable-distribution/) - Article: Marital property is defined under DRL 236B as property acquired during the marriage by either spouse. It is divided between the spouses in a divorcele.
- [Family Court](https://jdbar.com/practice-areas/family-court/) - Family Court Overview Family Court Overview By J. Douglas Barics Experienced Family Court Lawyer in Suffolk County, Long Island Located in Suffolk County, the Law Office of J. Douglas Barics provides comprehensive representation on all Family Law situations. Our professional guidance can help guide you through the maze of the legal system, providing help when
- [aaa Smith v Smith (Third Department 2001)](https://jdbar.com/cases/smith/) - SMITH v. SMITH Email | Print | Comments (0) View Case Cited Cases Citing Case 289 A.D.2d 919 (2001) 735 N.Y.S.2d 630 DORIS SMITH et al., Respondents, v. DAVID M. SMITH, as Executor of HILDA SMITH, Deceased, Appellant. Appellate Division of the Supreme Court of the State of New York, Third Department. Decided December 27,
- [Grounds for Divorce in New York under DRL 170](https://jdbar.com/articles/grounds-divorce/) - An outline of New York's grounds for divorce. Six grounds remain fault based, the seventh ground is no fault, but may run afoul of the residency requirements
- [Resources](https://jdbar.com/resources/) - Resources
- [CPLR 5704: Review of ex parte orders](https://jdbar.com/statutes/cplr-5704/) - Civil Practice Law & Rules 5704 CPLR 5704: Review of ex parte orders CPLR 5704 Review of ex parte orders. (a) By appellate division. The appellate division or a justice thereof may vacate or modify any order granted without notice to the adverse party by any court or a judge thereof from which an appeal
- [Review of Ex Parte Orders Under CPLR 5704](https://jdbar.com/articles/5704-review-ex-parte-orders/) - 5704 Coming Soon
- [Family Court Article 9 - Conciliation Proceedings](https://jdbar.com/practice-areas/family-court/conciliation/) - Conciliation proceedings allow a spouse to commence a Family Court proceeding requesting services and assistance in resolving marital issues.
- [Family Court Article 3 - Juvenile Delinquency](https://jdbar.com/practice-areas/family-court/delinquency/) - Juvenile Delinquency Family Court Act Article 3 Juvenile Delinquency Proceedings By J. Douglas Barics Juvenile delinquency proceedings are authorized by Article 3 of the Family Court Act, and are filed against children ages 12 to 17 who commit acts which would be crimes if committed by an adult. If the child is being charged as
- [Family Court Article 4 - Child Support](https://jdbar.com/practice-areas/family-court/child-support/) - Child Support Family Court Act Article 4 Suffolk County Child Support Lawyer By J. Douglas Barics Parents have a legal duty to support their children. When parents are divorcing, the divorce will determine the amount of support. When married people are not divorcing, or if the parents were never married, the Family Court can issue
- [Family Court Article 4 - Spousal Support](https://jdbar.com/practice-areas/family-court/spousal-support/) - Spousal Support Family Court Act Article 4 Long Island Spousal Support Lawyer By J. Douglas Barics When spouses have significantly different financial resources and income, the monied spouse has a legal obligation to support the non monied spouse. This obligation can be part of a divorce action, or if not divorce is pending, can be
- [Family Court Article 4 - Support Enforcement](https://jdbar.com/practice-areas/family-court/support-enforcement/) - Enforcement of Support Family Court Act Article 4 Long Island Child Support Enforcement Attorney By J. Douglas Barics Parents have a legal obligation to support their children. When they do not, the custodial parent can seek an order of child support. Likewise, spouses have an obligation to support their spouse if they lack the means
- [Family Court Article 5 - Paternity](https://jdbar.com/practice-areas/family-court/paternity/) - Paternity Family Court Act Article 5 Long Island Paternity Lawyer By J. Douglas Barics Since the introduction of genetic markings testing, most paternity cases are resolved without the need for a lawyer. To a large extend, the best an attorney can do is make sure the process runs smoothly. Prior to the development of these
- [Family Court Article 6 - Custody](https://jdbar.com/practice-areas/family-court/custody/) - Custody Family Court Act Article 6 Suffolk County Family Court Custody Attorney By J. Douglas Barics One of the most common questions we are asked is how many custody cases have we won. The answer surprises most people; winning a custody case means avoiding a trial and reaching an agreement. Reaching an agreement is almost
- [Family Court Article 6 - Custody Modification](https://jdbar.com/practice-areas/family-court/modification-custody/) - Modification of Custody Family Court Act Article 6 Modification of Child Custody Orders By J. Douglas Barics Since a child custody order is an order of the court, may only be modified by a subsequent order. When parents mutually agree to change an existing custody order, it sill must be signed by a judge. When
- [Family Court Article 6 - Relocation](https://jdbar.com/practice-areas/family-court/relocation/) - Child Relocation Family Court Act Article 6 Suffolk County Child Relocation By J. Douglas Barics Relocating with a child when you have custody is not automatic. Even though there is a custody order in place, there are restrictions on moving if they interfere with the other parent's time with the child. If you want to
- [Family Court Article 7 - PINS](https://jdbar.com/practice-areas/family-court/pins/) - PINS Proceedings Family Court Act Article 7 PINS Proceedings in Family Court By J. Douglas Barics Article 7 of the Family Court Act authorizes the Family Court to have PINS proceedings. PINS is an acronym for Persons In Need of Supervision. When a child fails to obey his parents to such a degree that he
- [Family Court Article 8 - Orders of Protection](https://jdbar.com/practice-areas/family-court/family-offense/) - Family Offenses Family Court Act Article 8 Family Offenses Proceedings in New York Family Court By J. Douglas Barics A family offense proceeding is authorized by Article 8 of the Family Court Act. It is designed to give victims of domestic violence an extra means of protection. Requests for orders of protection in Family Court
- [Child Neglect and Abuse Proceedings in Family Court](https://jdbar.com/practice-areas/family-court/neglect/) - Experienced Family Court attorney will defend you or someone you know in an abuse or neglect proceeding in New York Family Court.
- [Family Court - Termination of Parental Rights](https://jdbar.com/practice-areas/family-court/termination-parental-rights/) - Family Law attorney with extensive experience can defend you or someone you know in a termination of parental rights proceeding.
- [Glossary](https://jdbar.com/glossary/) - Online glossary of common legal terms
- [Ahern v. Ahern (Second Department 1983)](https://jdbar.com/cases/ahern/) - Joan P. Ahern, Appellant, v. Timothy Ahern, Respondent Supreme Court of New York Appellate Division, Second Department 94 A.D.2d 53 June 6, 1983 Ahern v. Ahern 94 A.D.2d 53; 463 N.Y.S.2d 238 COUNSEL: Joel R. Brandes, P.C., for appellant. Speno, Goldberg, Moore, Margules & Corcoran, P.C. (Max Margules and Peter Sullivan of counsel), for respondent.
- [Child Support in New York Part 1 - Basic Child Support under the New York Child Support Standards Act](https://jdbar.com/articles/child-support-new-york-cssa-guidelines/) - Article: (Part 1 of 3) A step by step guideline to calculating child support in New York. The basic child support is set by a percentage of the parent's income.
- [Grounds for a Judicial Separation in New York under DRL 200](https://jdbar.com/articles/grounds-separation/) - The grounds for a judicial separation are fault based. A separation does not dissolve the marriage but merely resolves all issues except property division.
- [Annulments, Void Marriages and Voidable Marriages in New York](https://jdbar.com/articles/grounds-annulment/) - The grounds for an annulment in New York State are fault based and require more evidence to prove than a fault based divorce. All financial relief is available.
- [Child Custody in New York State - How Custody is Determined in a Divorce or Family Court Proceeding](https://jdbar.com/articles/how-child-custody-determined-new-york/) - Article: How custody is determined in New York. A comprehensive review of the factors used by the courts in deciding custody along with supporting case law
- [Child Support in New York Part 2 - How to Calculate Child Support under New York Guidelines in Special Situations: Deviation from the Guidelines, Joint Custody, Split Custody, Failure to Disclose Income](https://jdbar.com/articles/child-support-deviation-cssa-guidelines/) - Article: How to calculate child support beyond the basics. Hidden income, joint custody, split custody, and when a deviation from the guidelines is appropriate.
- [Child Support in New York Part 3 - How to Modify Child Support Agreements and Orders](https://jdbar.com/articles/child-support-modification/) - Article: Child support orders can be modified if there has been a substantial change of circumstances, three years have passed or a 15% change in income.
- [Maintenance in New York Part 1 - An Introduction to Spousal Support in NY Matrimonial Actions](https://jdbar.com/articles/introduction-spousal-maintenance-support/) - Article: Maintenance Part 1 - The history and underlying concepts behind maintenance and a summary of temporary and final maintenance in New York toda.
- [Maintenance in New York Part 2 - Post Divorce Maintenance for Actions Commenced Prior to January 23, 2016](https://jdbar.com/articles/post-divorce-maintenance-prior-2016/) - Article: Maintenance in NY Part 2. Under pre-2016 law, the amount of maintenance was at the court's discretion using 20 factors.
- [Maintenance in New York Part 3 - Post Divorce Maintenance for Matrimonial Actions Commenced after January 23, 2016](https://jdbar.com/articles/maintenance-post-divorce-2016/) - Article: As of January 2016, all awards of maintenance following a divorce use a formula for any divorce filed after the effective date.
- [Modification of Spousal Maintenance and Support](https://jdbar.com/articles/modification-spousal-maintenance/) - Article: Following the 2016 amendments, spousal maintenance may be modified under new standards which were enacted to address inequities in the prior law.
- [Exclusive Occupancy of the Marital Home in New York Matrimonial Actions](https://jdbar.com/articles/exclusive-occupancy/) - Article: Exclusive occupancy of the marital home can be awarded while a divorce is ongoing or at the conclusion of the divorce action.
- [Counsel Fee Awards under Domestic Relations Law 237](https://jdbar.com/articles/counsel-fee-awards-drl-237/) - Article: In any divorce or matrimonial action, the court is authorized to award counsel fees to the less monied spouse under DRL 237 to level the playing field.
- [Domestic Violence and Orders of Protection](https://jdbar.com/articles/family-offense/) - Article: Domestic violence i often an issue in a divorce or unmarried couple. An outline on family offense proceedings in Supreme and Family Court
- [Motions in New York Courts](https://jdbar.com/articles/new-york-notice-motion-order-show-cause/) - Article: A primer on motions in New York Courts. Understanding what a motion is, what it consists of, and the procedural outline in filing & opposing a motion.
- [Pendente Lite Motions](https://jdbar.com/articles/pendente-lite-motions/) - Pendente Lite Motions Pendente Lite Motions By J. Douglas Barics About J. Douglas Barics J. Douglas Barics is an attorney located in Commack NY who regularly represents individuals in all divorce and family law matters. If you have any questions about this article, please contact J. Douglas Barics Disclaimer: The article "Pendente Lite Motions"
- [Pendente Lite Custody](https://jdbar.com/articles/pendente-lite-custody/) - Pendente Lite Custody Pendente Lite Custody By J. Douglas Barics About J. Douglas Barics J. Douglas Barics is an attorney located in Commack NY who regularly represents individuals in all divorce and family law matters. If you have any questions about this article, please contact J. Douglas Barics Disclaimer: The article "Pendente Lite Custody"
- [Pendente Lite Exclusive Occupancy](https://jdbar.com/articles/pendente-lite-exclusive-occupancy/) - Pendente Lite Exclusive Occupancy Pendente Lite Exclusive Occupancy By J. Douglas Barics About J. Douglas Barics J. Douglas Barics is an attorney located in Commack NY who regularly represents individuals in all divorce and family law matters. If you have any questions about this article, please contact J. Douglas Barics Disclaimer: The article "Pendente
- [Pendente Child Support](https://jdbar.com/articles/pendente-lite-child-support/) - Pendente Lite Child Support Pendente Lite Child Support By J. Douglas Barics About J. Douglas Barics J. Douglas Barics is an attorney located in Commack NY who regularly represents individuals in all divorce and family law matters. If you have any questions about this article, please contact J. Douglas Barics Disclaimer: The article "Pendente
- [Pendente Lite Counsel Fees](https://jdbar.com/articles/pendente-lite-counsel-fees/) - Pendente Lite Counsel Fees Pendente Lite Counsel Fees By J. Douglas Barics About J. Douglas Barics J. Douglas Barics is an attorney located in Commack NY who regularly represents individuals in all divorce and family law matters. If you have any questions about this article, please contact J. Douglas Barics Disclaimer: The article "Pendente
- [Amending, Correcting and Changing Court Orders and Judgments](https://jdbar.com/articles/amending-correcting-changing-orders-judgments/) - Article: Orders and Judgments can be changed in several ways, depending on how the order or judgment was issued. A summary of the methods and options.
- [A Spouse's Inheritance Rights](https://jdbar.com/articles/inheritance-rights-married-people/) - Article: One factor in equitable distribution is the loss of inheritance rights. Understanding this loss begins with understanding what these rights are.
- [The Basics of Appeals in the New York Appellate Division: Understanding Appellate Procedure](https://jdbar.com/articles/appeal-basics-appellate-procedure/) - Article: A nuts and bolts overview of the basics of appeals. Each step of the process is explained. Additional articles explain each step in greater detail.
- [The Aggrieved Party Under CPLR 5511 - Permissible Appellant](https://jdbar.com/articles/aggrieved-party-cplr-5511/) - Article: Aggrievement is a jurisdictional requirement for appellate litigation. Aggrievement means there was a ruling against you and your interests.
- [The Appealable Paper under CPLR 5512 The necessity of a written order or judgment](https://jdbar.com/articles/appealable-paper-cplr-5512/) - Article: An appealable paper is jurisdictional for appeals. It must in in writing and signed by a judge. Without both, the appellate division lacks authority.
- [Taking the Appeal: How to Commence an Appeal in the Appellate Division under CPLR 5515](https://jdbar.com/articles/commencing-appeal-cplr-5515/) - Article: Taking the appeal are the step necessary to establish appellate jurisdiction. An appeal is taken by the filing or the service of the notice of appeal.
- [Perfecting the Appeal Part 1 of 3 - Settling the Transcripts under CPLR 5525](https://jdbar.com/articles/perfecting-appeal-settle-transcripts-cplr-5525/) - October 2019: Learn how to settle transcripts and why they are so important in perfecting an appeal. 1 of 3 parts in perfecting appeals.
- [Perfecting The Appeal Part 2 of 3 - The Record](https://jdbar.com/articles/perfecting-appeal-record/) - Article: Perfecting the appeal involves filing both the brief and the record. The record must be laid out in the format set by the CPLR.
- [Perfecting the Appeal Part 3 of 3 - The Appellate Brief](https://jdbar.com/articles/perfecting-appeal-brief/) - Article: The format of the brief is set by 22 NYCRR 1250. The contents of each section is given a concise summary for reference. Part 3 of 3.
- [Obtaining a Discretionary Stay of Enforcement under CPLR 5519(c) Pending an Appeal](https://jdbar.com/articles/discretionary-stay-enforcement-cplr-5519-c/) - Article: Under CPLR 5519, a stay of enforcement requires three elements. The merits of the appeal, balancing of the equities, and irreparable harm.
- [Curing Errors made in Taking the Appeal under CPLR 5520](https://jdbar.com/articles/curing-errors-taking-appeal-cplr-5520/) - Article: An error made in taking an appeal may be cured by a motion under CPLR 5520. This provision of the CPLR can cure non jurisdictional defects by motion.
- [Motion Practice in the Appellate Division](https://jdbar.com/articles/appellate-motion-practice/) - Article: Motion practice in the Appellate Division is an integral part of an appellate practice. The most common appellate motions and an outline of procedure.
- [Counsel Fee Awards in Family Court](https://jdbar.com/articles/family-court-counsel-fee/) - 123 Counsel Fee Awards in Family Court About J. Douglas Barics J. Douglas Barics is a family law attorney located in Commack NY who regularly represents individuals in all divorce and family law matters. If you have any questions about this article, please contact J. Douglas Barics Disclaimer: The article "123" is provided as
- [Family Offense Proceedings in Family Court](https://jdbar.com/articles/family-offense-family-court/) - 123 Family Offense About J. Douglas Barics J. Douglas Barics is a family law attorney located in Commack NY who regularly represents individuals in all divorce and family law matters. If you have any questions about this article, please contact J. Douglas Barics Disclaimer: The article "123" is provided as a free educational service
- [Temporary Spousal Maintenance and Pendente Lite Support in New York](https://jdbar.com/articles/temporary-spousal-maintenance-pendente-lite/) - August 2019: A guide on how pendente lite spousal maintenance is requested and determined while a divorce action is pending.
- [Dissolving the Marriage with a Missing Spouse: Enoch Arden Divorces](https://jdbar.com/articles/missing-spouse-enoch-arden/) - Article: When a missing spouse is presumed dead, dissolving a marriage can be accomplished under by a special proceeding under New York's Enoch Arden Statute.
- [Child Neglect and Abuse Proceedings in New York Family Court](https://jdbar.com/articles/neglect-abuse-proceedings-family-court/) - Article: Child neglect and abuse proceedings are filed in Family Court by an authorized agency against a parent or guardian accused of mistreating a child
- [New York Supreme Court and New York Family Court: Understanding the Differences](https://jdbar.com/articles/supreme-family-court-differences/) - Article: Very often people with Family Law issues find themselves in both Supreme and Family Court. The differences between these two courts are explained.
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- [Cases Matrimonial](https://jdbar.com/cases/) - Select New York Cases Appeals and Appellate Procedure Matter of Aho (Court of Appeals 1976) In the Matter of Aho, the Court of Appeals ruled that the right to appeal from a non final order terminates when the final order or judgment is issued. Alexandru v. Pappas (Appellate Division 2nd Dept. 2009) In Alexandru v.
- [Statutes](https://jdbar.com/statutes/) - Select New York Statutes Domestic Relations Law DRL 5 Incestuous and void marriages DRL 6 Void Marriages DRL 7 Voidable Marriages DRL 10 Marriage is a civil contract DRL 10-A Parties to a marriage DRL 10-B Religious exception DRL 11 By whom a marriage must be solemnized DRL 13 Marriage licenses DRL 15-a Marriages of
- [FAQ Constructive Trusts](https://jdbar.com/resources/faq/faq-constructive-trusts/) - New York Constructive Trusts Frequently Asked Questions Frequently Asked Questions about Constructive Trusts in New York State What is a constructive trust? A constructive trust is a court imposing a trust on property held by one person for the benefit of someone else when there is no written agreement. When is a constructive trust needed?
- [FAQ Appeals](https://jdbar.com/resources/faq/faq-appeals/) - New York Appeals Frequently Asked Questions Frequently Asked Questions about Appeals in New York State What is an appeal? An appeal is a request to a higher court to review a lower court decision for errors which are significant enough to change the outcome of the case. Is an appeal a new hearing? No, an
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- [aaa CPLR 4405: Time and judge before whom post-trial motion made](https://jdbar.com/statutes/cplr-4405/) - CPLR Rule 4405 Rule 4405. Time and judge before whom post-trial motion made CPLR Rule 4405 Time and judge before whom post-trial motion made A motion under this article shall be made before the judge who presided at the trial within fifteen days after decision, verdict or discharge of the jury. The court shall have
- [aaa CPLR 5002: Interest from verdict, report or decision to judgment](https://jdbar.com/statutes/cplr-5002/) - CPLR 5002 CPLR 5002: Interest from verdict, report or decision to judgment CPLR 5002 Interest from verdict, report or decision to judgment Interest shall be recovered upon the total sum awarded, including interest to verdict, report or decision, in any action, from the date the verdict was rendered or the report or decision was made
- [aaa FCA 438: Counsel fees](https://jdbar.com/statutes/fca-438/) - Family Court Act 438 FCA 438: Counsel fees Family Court Act 438 Counsel fees (a) In any proceeding under this article, including proceedings for support of a spouse and children, or for support of children only, or at any hearing to modify or enforce an order entered in that proceeding or a proceeding to modify a
- [aaa FCA 439: Support magistrates](https://jdbar.com/statutes/fca-439/) - Family Court Act 439 FCA 439: Support magistrates Family Court Act 439 Support magistrates (a) The chief administrator of the courts shall provide, in accordance with subdivision (f) of this section, for the appointment of a sufficient number of support magistrates to hear and determine support proceedings. Except as hereinafter provided, support magistrates shall be empowered
- [aaa brooke-elizabeth](https://jdbar.com/cases/brooke-elizabeth/) - Matter of Brooke S.B. v Elizabeth A.C.C. Court of Appeals August 30, 2016 Matter of Brooke S.B. v Elizabeth A.C.C. 2016 NY Slip Op 05903 Thomas Rankin, Esq., Attorney for the Child, Appellant. In the Matter of Estrellita A., Respondent, v Jennifer L.D., Appellant. Case No. 91: Eric I. Wrubel, for appellant child.
- [FAQ Divorce](https://jdbar.com/resources/faq/faq-divorce/) - New York Divorce Frequently Asked Questions Frequently Asked Questions about Divorce in New York What are the grounds for a New York divorce? New York has seven grounds for divorce. They are (1) Cruel and inhuman treatment, (2) Abandonment for one year or more, (3) Adultery, (4) Imprisonment for three years or more, (5) Living
- [FAQ Family Court](https://jdbar.com/resources/faq/faq-family-court/) - New York Family Court Frequently Asked Questions Frequently Asked Questions about Family Court in New York State Being updated
- [FAQ Partitions](https://jdbar.com/resources/faq/faq-partitions/) - New York Partitions Frequently Asked Questions Frequently Asked Questions about Partitions in New York State What is a partition action? A partition action is a case that divides jointly owned property among the owners either by selling the property and dividing the proceeds, or physically dividing the land. Who can file for a partition? Any
- [FAQ Foreclosure](https://jdbar.com/resources/faq/faq-foreclosure/) - New York Foreclosure Frequently Asked Questions Frequently Asked Questions about Foreclosures in New York State What is a foreclosure? A foreclosure is a legal proceeding to enforce a loan. The right to foreclose comes from the mortgage. What is the note? The note is proof of the underlying loan. If it is not paid back,
- [22 NYCRR 1250 Practice Rules of the Appellate Division](https://jdbar.com/statutes/22-nycrr-1250/) - 22 NYCRR 1250 Practice Rules of the Appellate Division Approved by Joint Order of the Departments of the New York State Supreme Court, Appellate Division December 12, 2017 (Revised June 29, 2018) Part 1250 shall apply to all matters that are commenced in the Appellate Division, or in which a notice of appeal to the
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- [01 Default Last Will and Testament](https://jdbar.com/01-default-last-will-and-testament/) - The New York Default Last Will and Testament This is the Last Will and Testament that New York State writes for someone who is married and has children. The statute assumes that you wish this to be your will if you don't actually have one. First: I am a resident of New York State, being
- [DRL 6: Void marriages](https://jdbar.com/statutes/drl-6/) - Domestic Relations Law 6 DRL 6: Void marriages DRL 6 Void marriages A marriage is absolutely void if contracted by a person whose husband or wife by a former marriage is living, unless either: 1. Such former marriage has been annulled or has been dissolved for a cause other than the adultery of such person;
- [22 NYCRR 850 Third Department Rules of Practice](https://jdbar.com/statutes/22-nycrr-850/) - Appellate Division, Third Judicial Department Rules of Practice Part 850 Part 850 RULES OF PRACTICE Appellate Division, Third Department 850.1 General Provisions and Definitions (a) The Practice Rules of the Appellate Division The Practice Rules of the Appellate Division are embodied in Part 1250 of the New York Rules of Court (22 NYCRR Part 1250)
- [22 NYCRR 202.16: Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite,and child support; special rules.](https://jdbar.com/statutes/22-nycrr-202-16/) - 22 NYCRR 202.16 Matrimonial actions; calendar control of financial disclosure in actions and proceedings involving alimony, maintenance, child support and equitable distribution; motions for alimony, counsel fees pendente lite,and child support; special rules. 22 NYCRR 202.16 Matrimonial actions etc. (a) Applicability. This section shall be applicable to all contested actions and proceedings in the Supreme
- [22 NYCRR 1000: Fourth Department Rules of Practice](https://jdbar.com/statutes/22-nycrr-1000/) - Appellate Division, Fourth Judicial Department 22 NYCRR Part 1000. Rules of Practice 22 NYCRR Part 1000 Rules of Practice Fourth Department 1000.1 General Provisions and Definitions (a) Practice Rules of the Appellate Division This Part serves as a supplement to, and should be read in conjunction with, the Practice Rules of the Appellate Division (22
- [Alexandru v. Pappas (Second Department 2009)](https://jdbar.com/cases/alexandru-pappas/) - Adrian Alexandru, Appellant, v. Steve Pappas et al., Respondents. Appellate Division of the Supreme Court of New York, Second Department. 68 A.D.3d 690 Decided December 1, 2009. Alexandru v Pappas 68 A.D.3d 690, 890 N.Y.S.2d 593 Skelos, J.P., Florio, Balkin and Leventhal, JJ., concur. Ordered that the order is modified, on the law, the facts,
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- [CPLR 4404: Post-trial motion for judgment and new trial](https://jdbar.com/statutes/cplr-4404/) - CPLR Rule 4404 Rule 4404. Post-trial motion for judgment and new trial CPLR Rule 4404 Post-trial motion for judgment and new trial (a) Motion after trial where jury required. After a trial of a cause of action or issue triable of right by a jury, upon the motion of any party or on its own initiative,
- [CPLR 3408 Mandatory settlement conference in residential foreclosure actions](https://jdbar.com/statutes/cplr-3408/) - Civil Practice Laws and Rules CPLR 3408 Mandatory settlement conference in residential foreclosure actions. Rule 3408 Mandatory settlement conference in residential foreclosure actions. (a) In any residential foreclosure action involving a high-cost home loan consummated between January first, two thousand three and September first, two thousand eight, or a subprime or nontraditional home loan,
- [EPTL 5-1.1-A: Right of election by surviving spouse](https://jdbar.com/statutes/eplt-5-1-1-a/) - Estates, Powers and Trusts Law 5-1.1-A EPTL 5-1.1-A: Right of election by surviving spouse EPTL 5-1.1-A Right of election by surviving spouse (a) Where a decedent dies on or after September first, nineteen hundred ninety-two and is survived by a spouse, a personal right of election is given to the surviving spouse to take a
- [Price v. Price (Court of Appeals 1986)](https://jdbar.com/cases/price/) - Jacklynn N. Price, Respondent, v. Harold Price, Appellant Court of Appeals of New York November 11, 1986, Argued December 19, 1986, Decided Price v. Price 69 N.Y.2d 8; 511 N.Y.S.2d 219 COUNSEL James H. Goodfriend for appellant. Isabelle C. Flaherty, Barry Leibowicz and Paul Morgenstern for respondent. JUDGES: Hancock, Jr., J. Chief Judge Wachtler and
- [Tompkins v. Chamberlin (Court of Appeals 2003)](https://jdbar.com/cases/tompkins-chamberlin/) - Matter of Tompkins v Chamberlin In the Matter of Tompkins County Support Collection Unit on Behalf of Linda S. Chamberlin, Appellant, v. Boyd M. Chamberlin, Respondent. COURT OF APPEALS OF NEW YORK 99 N.Y.2d 328 January 7, 2003, Argued February 13, 2003, Decided Tompkins v. Chamberlin 99 N.Y.2d 328; 786 N.E.2d 14; 756 N.Y.S.2d 115
- [RPAPL 993 Action for Partition - Uniform partition of heirs property act](https://jdbar.com/statutes/rpapl-993/) - Real Property Actions and Proceedings Law Section 993 Action for Partition RPAPL 993: Uniform partition of heirs property act RPA 993 Uniform partition of heirs property act 1. Short title. This section shall be known as the "uniform partition of heirs property act". 2. Definitions. For purposes of this section, the following terms shall have
- [FCA 413: Parents' duty to support child](https://jdbar.com/statutes/fca-413/) - Family Court Act 413 FCA 413: Parents' duty to support child Family Court Act 413 Parents' duty to support child Note: Family Court Act 413 is identical to Domestic Relations Law 240 1-b 1. (a) Except as provided in subdivision two of this section, the parents of a child under the age of twenty-one years
- [Newton v McFarlane (Second Department 2019)](https://jdbar.com/cases/newton-mcfarlane/) - In the Matter of Kwana Newton, petitioner-respondent, v Christopher McFarlane, respondent; Kaishawna M. (Anonymous), nonparty-appellant. Appellate Division, Second Department Decided on June 5, 2019 Matter of Newton v McFarlane 2019 NY Slip Op 04386 ALAN D. SCHEINKMAN, P.J. RUTH C. BALKIN SYLVIA O. HINDS-RADIX LINDA CHRISTOPHER, JJ. 2017-13478 APPEAL by the child, in a proceeding
- [RPL 282 Mortgagor’s right to recover attorneys’ fees in actions or proceedings arising out of foreclosures of residential property](https://jdbar.com/statutes/rpl-282/) - Real Property Law Section 282 Foreclosure RPL 282: Mortgagor's right to recover attorneys' fees in actions or proceedings arising out of foreclosures of residential property RPL 282 Mortgagor's right to recover attorneys' fees in actions or proceedings arising out of foreclosures of residential property 1. Whenever a covenant contained in a mortgage on residential real
- [RPAPL 1306 Action to Foreclose a Mortgage - Filing With Superintendent.](https://jdbar.com/statutes/rpapl-1306/) - Real Property Actions and Proceedings Law Section 1306 Foreclosure RPAPL 1306: Filing with superintendent RPA 1306 Filing with superintendent 1. Each lender, assignee or mortgage loan servicer shall file with the superintendent of financial services (superintendent) within three business days of the mailing of the notice required by subdivision one of section thirteen hundred four
- [RPAPL 1304 Action to Foreclose a Mortgage - Required Prior Notices.](https://jdbar.com/statutes/rpapl-1304/) - Real Property Actions & Proceedings Section 1304 Foreclosure RPAPL 1304 Required Prior Notices RPA 1304 Required Prior Notices 1. Notwithstanding any other provision of law, with regard to a home loan, at least ninety days before a lender, an assignee or a mortgage loan servicer commences legal action against the borrower, or borrowers at the
- [RPAPL 1303 Action to Foreclose a Mortgage - Foreclosures; Required Notices.](https://jdbar.com/statutes/rpapl-1303/) - Real Property Actions and Proceedings Law Section 1303 Foreclosures RPAPL 1303: Foreclosures; Required Notices RPAPL 1303 Foreclosures; Required Notices 1. The foreclosing party in a mortgage foreclosure action, involving residential real property shall provide notice to: (a) any mortgagor if the action relates to an owner-occupied one-to-four family dwelling; and (b) any tenant of a
- [RPAPL 1302-A Action to Foreclose a Mortgage - Defense of Lack of Standing; Not Waived.](https://jdbar.com/statutes/rpapl-1302-a/) - Real Property Actions and Proceedings Law Section 1302-A Action for Partition RPAPL 1302-A: Defense of lack of standing; not waived RPA 1302-A Defense of lack of standing; not waived Notwithstanding the provisions of subdivision (e) of rule thirty-two hundred eleven of the civil practice law and rules, any objection or defense based on the plaintiff's
- [RPAPL 943 Action for Partition - Judgment directing compensation to equalize partition](https://jdbar.com/statutes/rpapl-943/) - Real Property Actions and Proceedings Law Section 943 Action for Partition RPAPL 943: Judgment directing compensation to equalize partition RPA 943 Judgment directing compensation to equalize partition. Where it appears that partition cannot be made equal between the parties according to their respective rights without prejudice to the rights or interests of some of them,
- [RPAPL 933 Action for Partition - Effect of judgment after sale](https://jdbar.com/statutes/rpapl-933/) - Real Property Actions and Proceedings Law Section 933 Action for Partition RPAPL 933: Effect of judgment after sale RPA 933 Effect of judgment after sale A final judgment after sale is binding and conclusive upon the same persons upon whom a final judgment for actual partition is binding and conclusive; and it bars each of
- [RPAPL 921 Action for Partition - Actual Partition](https://jdbar.com/statutes/rpapl-921/) - Real Property Actions and Proceedings Law Section 921 Action for Partition RPAPL 921: Actual partition RPA 921 Actual partition 1. The commissioners designated by the interlocutory judgment shall forthwith proceed to make partition as directed by such judgment, unless it appears to them that partition thereof, or of a particular lot, tract or other portion
- [RPAPL 915 Action for Partition - Interlocutory judgment](https://jdbar.com/statutes/rpapl-915/) - Real Property Actions and Proceedings Law Section 905 Action for Partition RPAPL 905: Complaint RPA 915 Interlocutory judgment The interlocutory judgment shall determine the right, share or interest of each party in the property, as far as the same has been ascertained. Where the property or any part thereof is so circumstanced that a partition
- [RPAPL 905 Action for Partition - Complaint](https://jdbar.com/statutes/rpapl-905/) - Real Property Actions and Proceedings Law Section 905 Action for Partition RPAPL 905: Complaint RPA 905 Complaint The complaint shall describe the property with reasonable certainty, specify the rights, shares and interests therein of each of the parties, as far as the same are known to the plaintiff, and contain any other allegation required
- [RPAPL 904 Action for Partition - Permissible defendants](https://jdbar.com/statutes/rpapl-904/) - Real Property Actions and Proceedings Law Action for Partition RPAPL 904: Permissible defendants RPA 904 Permissible defendants The plaintiff, at his election, may make defendant in the action: 1. A tenant by the curtesy or for life or for years, of the entire property, or whoever may be entitled to a contingent or vested remainder
- [RPAPL 903 Action for Partition - Necessary defendants](https://jdbar.com/statutes/rpapl-903/) - Real Property Actions and Proceedings Law Action for Partition RPAPL 903: Necessary defendants RPAPL 903 Necessary defendants Each of the following persons shall be made a party to the action: 1. Every person having an undivided share, in possession or otherwise, in the property, as tenant in fee, for life, by the curtesy or for
- [RPAPL 901 Action for Partition - By whom maintainable](https://jdbar.com/statutes/rpapl-901/) - Real Property Actions and Proceedings Law Section 901 Action for Partition RPAPL 901: By whom maintainable RPA 901 By whom maintainable 1. A person holding and in possession of real property as joint tenant or tenant in common, in which he has an estate of inheritance, or for life, or for years, may maintain an
- [Mei Yun Chen v Mei Wan Kao (Second Department 2012)](https://jdbar.com/cases/mei-yun-chen-mei-wan-kao/) - MEI YUN CHEN, respondent, v. MEI WAN KAO, appellant. Appellate Division, Second Department 2012 Mei Yun Chen v Mei Wan Kao 97 AD3d 730 Decided: July 18, 2012 DANIEL D. ANGIOLILLO, J.P., ARIEL E. BELEN, CHERYL E. CHAMBERS, and LEONARD B. AUSTIN, JJ. Cooper, Paroff, Cooper & Cook, Kew Gardens, N.Y. (Ira G. Cooper of
- [Simonds v. Simonds (Court of Appeals 1978)](https://jdbar.com/cases/simonds-simonds/) - MARY SIMONDS, Respondent, v. REVA B. SIMONDS, Appellant. Court of Appeals 1978 Simonds v. Simonds 45 N.Y.2d 233 Opinion Argued May 31, 1978 Decided July 11, 1978 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN R. TENNEY, J. Philip D. O'Donnell for appellant. Carl G. Scalise for respondent.
- [Sharp v Kosmalski (Court of Appeals 1976)](https://jdbar.com/cases/sharp-kosmalski/) - J. RODNEY SHARP, Appellant, v. JEAN C. KOSMALSKI, Respondent. Court of Appeals (1976) Sharp v Kosmalski 40 NY2d 119 Opinion Argued May 6, 1976 Decided June 15, 1976 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, FRANK R. BAYGER, J. John L. Goodell for appellant. Howard F. Crossley for
- [Quartararo v Quartararo (Second Department 2023)](https://jdbar.com/cases/quartararo-quartararo/) - Paul M. QUARTARARO, respondent, v. John P. QUARTARARO, etc., et al., appellants. Appellate Division, Second Department (2023) Quartararo v Quartararo 221 A.D.3d 627 Opinion 2021-07779 Index No. 51971/19 11-01-2023 Paul M. QUARTARARO, respondent, v. John P. QUARTARARO, etc., et al., appellants. Durante, Bock & Tota, PLLC, Yorktown Heights, NY (Albert J. Durante of counsel), for
- [Obergefell v Hodgez (Supreme Court of the United States)](https://jdbar.com/cases/obergefell-hodgez/) - SUPREME COURT OF THE UNITED STATES OBRGEFELL ET AL. v. HODGES, DIRECTOR, OHIO DEPARTMENT OF HEALTH, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 14–556. Argued April 28, 2015—Decided June 26, 2015* Michigan, Kentucky, Ohio, and Tennessee define marriage as a union between one man and one
- [Ning Xiang Liu v Al Ming Chen (Second Department 2012)](https://jdbar.com/cases/ning-xiang-liu-al-ming-chen/) - Ning Xiang Liu, appellant, v. Al Ming Chen, respondent, et al., defendants. Appellate Division, Second Department (2015) Liu v. Chen 2015 N.Y. Slip Op. 8152 Opinion 2013-10674 11-12-2015 Ning Xiang Liu, appellant, v. Al Ming Chen, respondent, et al., defendants. Kevin Kerveng Tung, P.C., Flushing, N.Y. (Ge Li of counsel), for appellant. Steven T. Gee,
- [Janke v Janke (Fourth Department 1975)](https://jdbar.com/cases/janke-janke/) - IRENE R. JANKE, Respondent, v. WILLIAM F. JANKE, Appellant. Appellate Division, Fourth Department (1975) Janke v. Janke 47 A.D.2d 445 Opinion April 23, 1975 Appeal from the Supreme Court, Niagara County, FRANK J. KRONENBERG, J. Vincent D. Cardone (Bernard Sax of counsel), for appellant. Thielman Lalime (Philip A. Thielman of counsel), for respondent. GOLDMAN, J.
- [Diaz v Diaz (Second Department 2015)](https://jdbar.com/cases/diaz-diaz/) - Maria Delsa DIAZ, et al., respondents, v. Remelie DIAZ, appellant. Appellate Division, Second Department (2015) Diaz v Diaz 30 AD3d 560 2015 NY Slip Op 05635 Decided on July 1, 2015 Appellate Division, Second Department Decided on July 1, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department WILLIAM F.
- [Delidimitropoulos v Karantinidis (Second Department 2016)](https://jdbar.com/cases/delidimitropoulos-karantinidis/) - Theodoros Delidimitropoulos, respondent, v Michael Karantinidis, et al., appellants. Appellate Division, Second Department (2016) Delidimitropoulos v Karantinidis 186 AD3d 1489 Opinion 2018-06849 Index No. 701980/14 09-23-2020 Theodoros DELIDIMITROPOULOS, appellant, v. Michael KARANTINIDIS, et al., respondents (and a third-party action). Searles, Sheppard & Gornitsky, PLLC, New York, N.Y. (Joshua I. Gornitsky and Sean P. Sheppard of
- [Canas v. Oshiro (Second Department 2023)](https://jdbar.com/cases/canas-oshiro/) - Canas v Oshiro Appellate Division, Second Department (2023) Canas v. Oshiro 2023 NY Slip Op 05585 Supreme Court, Appellate Division, Second Department, New York. Lizbeth Margarita CANAS, appellant, v. Eduardo Nicholas OSHIRO, et al., respondents. 2021-09099 Decided: November 08, 2023 ANGELA G. IANNACCI, J.P., PAUL WOOTEN, BARRY E. WARHIT, LILLIAN WAN, JJ. Jacqueline Warner, Mount
- [Baron v. Suissa (Second Department 2010)](https://jdbar.com/cases/baron-suissa/) - MARCY R. BARON, Appellant, v. RONALD SUISSA, Respondent. Appellate Division, Second Department (2010) Baron v. Suissa 74 A.D.3d 1108 Opinion No. 2009-02411. June 22, 2010. In an action, inter alia, to establish the validity of an alleged common-law marriage, the plaintiff appeals, as limited by her brief, from so much of an order of the
- [Bankers Sec. Life Ins. Socy. v Shakerdge (Court of Appeals 1980)](https://jdbar.com/cases/bankers-sec-life-ins-socy-shakerdge/) - Bankers Sec. Life Ins. Society v. Shakerdge, Shakerdge Court of Appeals 1980 Bankers Sec. Life Ins. Socy. v Shakerdge 49 N.Y.2d 939 Opinion Argued March 20, 1980 Decided April 22, 1980 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HILDA G. SCHWARTZ, J. Lester Lichter for appellant. Jay F.
- [Baker v Harrison (Appellate Division Third Department)](https://jdbar.com/cases/baker-harrison/) - Michael T. Baker, Appellant, v. Anna Harrison, Respondent. Appellate Division, Third Department (2020) Baker v Harrison 180 AD3d 1210 Opinion 528476 02-20-2020 Michael T. BAKER, Appellant, v. Anna HARRISON, Respondent. Gregory V. Canale, Queensbury, for appellant. Bartlett, Pontiff, Stewart & Rhodes, PC, Glens Falls (Karla Williams Buettner of counsel), for respondent. Reynolds Fitzgerald, J. Gregory
- [Toobian v Golzad (Second Department 2021)](https://jdbar.com/cases/toobian-golzad/) - Payam Toobian, respondent, v Mehrdad Golzad, et al., appellants. Appellate Division of the Supreme Court of the State of New York, Second Department. NY Slip Op 02185 (2021) Toobian v Golzad 2021 NY Slip Op 02185 Decided on April 7, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department MARK
- [Arata v Behling (Second Department 2008)](https://jdbar.com/cases/arata-behling/) - Jeffrey H. Arata, Appellant, v Deborah Schneider Behling, Respondent. Appellate Division of the Supreme Court of the State of New York, Second Department. 57 AD3d 925 (2008) Arata v Behling 57 AD3d 925 December 30, 2008. In an action for the partition and sale of real property, the plaintiff appeals from an order of the
- [Brady v Varrone (Second Department 2009)](https://jdbar.com/cases/brady-varrone/) - Stephen Brady, Appellant, v Karen Varrone, Respondent. Supreme Court of New York Appellate Division, Second Department (2009) Brady v Varrone 2009 NY Slip Op 06228 65 AD3d 600 Weinstein, Kaplan & Cohen, P.C., Garden City, N.Y. (DanielÉ D. De Voe of counsel), for appellant. Dornfield & Nasis, LLP, Hauppauge, N.Y. (Daniel S. Dornfield of counsel),
- [Cadle Co. v Calcador (Second Department 2011)](https://jdbar.com/cases/cadle-calcador/) - CADLE COMPANY, Appellant, v. GEORGE CALCADOR et al., Respondents Appellate Division of the Supreme Court of the State of New York, Second Department. 85 AD3d 700 (2011) Cadle Co. v Calcador 85 AD3d 700 In an action for the partition and sale of real property, the plaintiff appeals from an order of the Supreme Court,
- [Clarke v Clarke (Second Department 2024)](https://jdbar.com/cases/clarke-clarke/) - Regan CLARKE, etc., et al., appellants, v. Rudolph CLARKE, respondent. Appellate Division of the Supreme Court of the State of New York, Second Department. 227 AD3d 659 (2024) Clarke v Clarke 227 AD3d 659 Supreme Court, Appellate Division, Second Department, New York. Regan CLARKE, etc., et al., appellants, v. Rudolph CLARKE, respondent. 2020-01426 Decided: May
- [Dalmacy v Joseph (Second Department 2002)](https://jdbar.com/cases/dalmacy-joseph/) - KESLER DALMACY, appellant, v. YANICK JOSEPH, respondent. Appellate Division of the Supreme Court of the State of New York, Second Department. 297 AD2d 329 (2002) Dalmacy v Joseph 297 AD2d 329 Opinion 2001-09764 Argued May 31, 2002 August 19, 2002. In two related actions for partition of real property, the plaintiff appeals from an order
- [Donlon v Diamico (Second Department 2006)](https://jdbar.com/cases/donlon-diamico/) - BARBARA DONLON, Also Known as BARBARA T. DONLON, Respondent, v GLORIA DIAMICO, Appellant. 33 AD3d 841 (2006) Donlon v Diamico 33 AD3d 841 Opinion No. 2004-05110. October 24, 2006. In an action for the partition and sale of real property and for an accounting, the defendant Gloria Diamico, also known as Gloria D'Amico, appeals from
- [George v Bridbord (Second Department 1985)](https://jdbar.com/cases/george-bridbord/) - MARY GEORGE, D.M.D. and RALPH EPSTEIN, D.D.S., P.C., Appellant, v. J. WILLIAM BRIDBORD, Respondent Appellate Division of the Supreme Court of the State of New York, Second Department. 113 AD2d 869 (1985) George v Bridbord 113 AD2d 869 Opinion September 23, 1985 Appeal from the Supreme Court, Nassau County (Murphy, J.). Appeal from the order
- [Goldberger v Rudnicki (Second Department 2012)](https://jdbar.com/cases/goldberger-rudnicki/) - Marcel GOLDBERGER,respondent, v. Janusz RUDNICKI, et al., appellants, Appellate Division of the Supreme Court of the State of New York, Second Department. 94 A.D.3d 1048 (2012) Goldberger v Rudnicki 94 AD3d 1048 Opinion 2012-04-24 Marcel GOLDBERGER, respondent, v. Janusz RUDNICKI, et al., appellants, et al., defendants. Cohn & Spector, White Plains, N.Y. (Julius W. Cohn
- [Hales v Ross (Third Department 2011)](https://jdbar.com/cases/hales-ross/) - Mary Jane HALES, Appellant, v. Timothy ROSS, Respondent. Appellate Division of the Supreme Court of the State of New York, Third Department. 89 AD 3d 1261 (2011) Hales v Ross 89 AD 3d 1261 Opinion 2011-11-10 Mary Jane HALES, Appellant, v. Timothy ROSS, Respondent. David A. Harper, Saratoga Springs, for appellant. Snyder, Kiley,
- [James v James (Second Department 2008)](https://jdbar.com/cases/james-james/) - LINCOLN JAMES, Respondent, v. EDWARD JAMES, Appellant Appellate Division of the Supreme Court of the State of New York, Second Department. 52 AD3d 474 (2008) James v James 52 AD3d 474 Opinion No. 2007-04974. June 3, 2008. In an action, inter alia, to partition real property and for an accounting, the defendant appeals from an
- [Khotylev v Spektor (Second Department 2018)](https://jdbar.com/cases/khotylev-spektor/) - Moysey Khotylev, appellant, v. Alla Spektor, respondent. Appellate Division of the Supreme Court of the State of New York, Second Department. 165 AD3d 1088 (2018) Khotylev v Spektor 165 AD3d 1088 (2nd 2018) Opinion 2016-04928 Index No. 12898/13 RUTH C. BALKIN, J.P., SANDRA L. SGROI, HECTOR D. LASALLE, BETSY BARROS, JJ. DECISION & ORDER In
- [Elsayed v Edrees (Second Department 2016)](https://jdbar.com/cases/elsayed-edrees/) - AFAF ELSAYED, Respondent, v. AHMED EDREES, Appellant. Appellate Division, Second Department Decided July 6, 2016. ELSAYED v. EDREES 141 A.D.3d 503, 35 N.Y.S.3d 411 Ordered that the appeal from the order dated November 14, 2013, is dismissed, without costs or disbursements; and it is further, Ordered that the appeal from so much of the judgment
- [Lauriello v Gallotta (Second Department 2010)](https://jdbar.com/cases/lauriello-gallotta/) - CHRISTOPHER M. LAURIELLO et al., Respondents, v. MARTHA GALLOTTA, Appellant. Appellate Division of the Supreme Court of the State of New York, Second Department. 70 AD3d 1009 (2010) Lauriello v Gallotta 70 AD3d 1009 Opinion No. 2008-11705. February 23, 2010. In an action, inter alia, for the partition of real property, the defendant Martha Gallotta
- [Manganiello v Lipman (First Department 2010)](https://jdbar.com/cases/manganiello-lipman/) - FABRIZIO MANGANIELLO, Appellant, v. DONNA LIPMAN, Respondent Appellate Division of the Supreme Court of the State of New York, First Department. 74 AD3d 667 (2010) Manganiello v Lipman 74 AD3d 667 June 24, 2010. Order, Supreme Court, New York County (Richard F. Braun, J.), entered March 23, 2009, which, insofar as appealed from, as limited
- [Pando v Tapia (Second Department 2010)](https://jdbar.com/cases/pando-tapia/) - THANAS PANDO, Appellant, v. MARIA THERESA TAPIA, Respondent Appellate Division of the Supreme Court of the State of New York, Second Department. 79 AD3d 993 (2010) Pando v Tapia 79 AD3d 993 December 21, 2010. In an action for the partition and sale of real property and for an accounting, the plaintiff appeals, as limited
- [Tedesco v Tedesco (Third Department 2000)](https://jdbar.com/cases/tedesco/) - MAFALDA TEDESCO, Appellant, v. FRANK A. TEDESCO et al., Respondents Appellate Division of the Supreme Court of New York, Third Department. 269 AD2d 660 (2000) Tedesco v Tedesco 269 AD2d 660, 702 N.Y.S.2d 459 Opinion Appeal from an order of the Supreme Court (Malone Jr., J.), entered November 13, 1998 in Albany County, which, inter
- [Tsoukas v Tsoukas (Second Department 2013)](https://jdbar.com/cases/tsoukas/) - Minas TSOUKAS, appellant, v. Konstantinos TSOUKAS, respondent. Appellate Division of the Supreme Court of the State of New York, Second Department. 107 AD3d 879 (2013) Tsoukas v Tsoukas 107 AD3d 879 REINALDO E. RIVERA J. Papapanayotou, Long Island City, N.Y., for appellant. John Z. Marangos, Staten Island, N.Y., for respondent. REINALDO E. RIVERA, J.P.,
- [Wardally v Wardally (Second Department 2005)](https://jdbar.com/cases/wardally/) - Ricky Wardally, et al., appellants, v. Tanya Wardally, respondent. Appellate Division of the Supreme Court of New York, Second Department. 186 AD3d 531 Aug 5, 2020 Wardally v Wardally 186 AD3d 531, 2020 N.Y. Slip Op. 4424 ALAN D. SCHEINKMAN, P.J., RUTH C. BALKIN, CHERYL E. CHAMBERS, PAUL WOOTEN, JJ. DECISION & ORDER In
- [DRL 249: Trial preferences in matrimonial actions](https://jdbar.com/statutes/drl-249/) - Domestic Relations Law 249 DRL 249: Trial preferences in matrimonial actions DRL 249 Trial preferences in matrimonial actions Upon motion of either party or upon its own motion, the court may direct that any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for
- [FCA 844: Reconsideration and modification](https://jdbar.com/statutes/fca-844/) - Family Court Act 844 FCA 844: Reconsideration and modification Family Court Act 844 Reconsideration and modification For good cause shown, the family court may after hearing reconsider and modify any order issued under paragraphs (b), (c) and (d) of section eight hundred forty-one. This section of the Family Court Act is provided as part of
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- [EPTL 5-1.4: Revocatory effect of divorce](https://jdbar.com/statutes/eptl-5-1-4/) - Estates, Powers, and Trusts Law 5-1.4 EPTL 5-1.4: Revocatory effect of divorce, annulment or declaration of nullity, or dissolution of marriage on disposition, appointment or other provision in will to former spouse EPTL 5-1.4 Revocatory effect of divorce (a) Except as provided by the express terms of a governing instrument, a divorce (including a judicial
- [EPTL 5-3.1: Exemption for benefit of family](https://jdbar.com/statutes/eptl-5-3-1/) - Estates, Powers, and Trusts Law 5-3.1 EPTL 5-3.1: Exemption for benefit of family EPTL 5-3.1 Exemption for benefit of family (a) If a person dies, leaving a surviving spouse or children under the age of twenty-one years, the following items of property are not assets of the estate but vest in, and shall be set
- [CPLR 3120: Discovery and production of documents and things for inspection, testing, copying or photographing](https://jdbar.com/statutes/cplr-3120/) - Civil Practice Law & Rules 3120 CPLR 3120: Discovery and production of documents and things for inspection, testing, copying or photographing CPLR 3120 Discovery and production of documents and things for inspection, testing, copying or photographing 1. After commencement of an action, any party may serve on any other party a notice or on any
- [Williams v. North Carolina (Supreme Court of the United States 1945)](https://jdbar.com/cases/williams-north-carolina/) - In Williams v. North Carolina, the SCOTUS held that a court's jurisdictional basis to grant a divorce is based on domicile.
- [Wisseman v Wisseman (Supreme Court, Dutchess County 2019)](https://jdbar.com/cases/wisseman/) - In Wisseman v Wisseman the Court considered the tax changes to maintenance and lowered the wife's support award.
- [Wohl v. Wohl (Second Department 2006)](https://jdbar.com/cases/wohl/) - In Wohl v Wohl, an appeal from a Quadro was was dismissed. No appeal lies from a default. Remedy was to move to vacate the default or resettle Quadro.
- [Young v Young (Second Department 1995)](https://jdbar.com/cases/young/) - In Young v. Young, the order modifying custody was reversed. Trial court improperly relied on mother's psychologist, who didn't interview father.
- [Gupta v Kumar (Second Department 2017)](https://jdbar.com/cases/gupta-kumar/) - In the Matter of Anita Gupta, appellant, v Vipan Kumar, respondent. Appellate Division, Second Department January 18, 2017 Matter of Gupta v Kumar 2017 NY Slip Op 00306 REINALDO E. RIVERA, J.P. SANDRA L. SGROI COLLEEN D. DUFFY VALERIE BRATHWAITE NELSON, JJ. 2015-06635 Anita Gupta, Forest Hills, NY, appellant pro se. Steven Alexander Biolsi, New
- [A.S. v K.S. (Supreme Court Kings County 2016)](https://jdbar.com/cases/as-ks/) - A.S., Plaintiff, against K.S., Defendant. Supreme Court, Kings County Sunshine, J. Decided on December 12, 2016 A.S. v K.S. 2016 NY Slip Op 51800(U) Yonatan Levoritz, Esq, Attorney for the Plaintiff 1022 Avenue P Brooklyn, NY11223 Brian D. Perskin, Esq, Attorney for the Defendant 44 Court Street, #1210 Brooklyn, NY11201 Ira Forman, Esq. Attorney for
- [Fields v Fields (Court of Appeals 2010)](https://jdbar.com/cases/fields/) - RONALD FIELDS, Appellant, v. LUCILLE FIELDS, Respondent. Court of Appeals of New York. Argued May 4, 2010. Decided June 10, 2010. FIELDS v. FIELDS 15 N.Y.3d 158 (2010), 931 N.E.2d 1039, 905 N.Y.S.2d 783 Attorney(s) appearing for the Case Arnold Davis , New York City, for appellant. Hoffman, Polland & Furman, PLLC, New York City (
- [Klauer v Abeliovich (Second Department 2017)](https://jdbar.com/cases/klauer-abeliovich/) - Erika Klauer, Plaintiff-Respondent-Appellant, v Asa Abeliovich, Defendant-Appellant-Respondent. Appellate Division, First Department Decided on April 25, 2017 Klauer v Abeliovich 2017 NY Slip Op 03110 Friedman, J.P., Andrias, Gische, Webber, JJ. 3390N 350037/11 Grant & Appelbaum, P.C., New York (Patricia Ann Grant of counsel), for appellant-respondent. Bikel & Mandarano, New York (Dror Bikel of counsel), for
- [Turret v Turret (First Department 2017)](https://jdbar.com/cases/turret/) - In Turret v Turret, a pendente lite counsel fee award of $175,000 was proper. Any remedy is a speedy trial.
- [Strauss v Strauss (First Department 2019) - not posted](https://jdbar.com/cases/strauss/) - Elizabeth S. Strauss, Plaintiff-Respondent, v Daniel A. Strauss, Defendant-Appellant. Appellate Division, First Department Decided on April 23, 2019 Strauss v Strauss 2019 NY Slip Op 02993 The Law Office of William S. Beslow, New York (William S. Beslow of counsel), for appellant. Pillsbury Winthrop Shaw Pittman LLP, New York (E. Leo Milonas of counsel),
- [Shali D. v Victoria V. (First Department 2019)](https://jdbar.com/cases/shali-victoria/) - Shali D. v Victoria V. Appellate Division, First Department Decided on May 23, 2019 Shali D. v Victoria V. 2019 NY Slip Op 04033 Renwick, J.P., Manzanet-Daniels, Kahn, Kern, Moulton, JJ. 9391 9390 9389 9388 Andrew J. Baer, New York, attorney for the child Sofia D., appellant. The Bresky Law Firm PLLC, Elmhurst (Kyle Mallary
- [Schacter v Schachter (First Department 2017)](https://jdbar.com/cases/schacter/) - Ira Schacter, Plaintiff-Appellant-Respondent, v Janice Schachter, Defendant-Respondent-Appellant. Appellate Division, First Department Decided on June 1, 2017 Schacter v Schachter 2017 NY Slip Op 04372 Sweeny, J.P., Mazzarelli, Moskowitz, Manzanet-Daniels, Kapnick, JJ. 311503/07 4160 4159 Ira J. Schacter, New York, appellant-respondent pro se. Thomas D. Shanahan, P.C., New York (Thomas D. Shanahan of counsel), for respondent-appellant.
- [Pierre v Pierre (First Department 2016)](https://jdbar.com/cases/pierre/) - Laverne Pierre, Plaintiff-Appellant, v Derick M. Pierre, Defendant-Respondent. Appellate Division, First Department Decided on December 22, 2016 Pierre v Pierre 2016 NY Slip Op 08596 Friedman, J.P., Moskowitz, Webber, Kahn, Gesmer, JJ. Fried, Frank, Harris, Shriver & Jacobson LLP, New York (Amanda Giglio of counsel), for appellant. Judgment, Supreme Court, Bronx County (Nelida Malave-Gonzalez, J.),
- [Pezzollo v Pezzollo (Second Department 2019)](https://jdbar.com/cases/pezzollo/) - Joan Pezzollo, plaintiff, v Eugene Pezzollo, respondent; Tabat, Cohen, Blum & Yovino, PC, nonparty-appellant. Appellate Division, Second Department Decided on June 12, 2019 Pezzollo v Pezzollo 2019 NY Slip Op 04741 RUTH C. BALKIN, J.P. LEONARD B. AUSTIN FRANCESCA E. CONNOLLY LINDA CHRISTOPHER, JJ. 2016-09225 Tabat, Cohen, Blum & Yovino, PC, Hauppauge, NY (Gary H.
- [Pangea Capital Mgt., LLC v Lakian (Court of Appeals 2019)](https://jdbar.com/cases/pangea/) - Pangea Capital Management, LLC, Appellant, v John R. Lakian, Respondent, Andrea Lakian, Intervenor-Respondent. Court of Appeals Decided on June 25, 2019 Pangea Capital Mgt., LLC v Lakian 2019 NY Slip Op 05059 Caitlin L. Bronner, for appellant. Judith R. Richman, for intervenor-respondent. WILSON, J. The United States Court of Appeals for the Second Circuit
- [Pajek v Feketi (Fourth Department 2019)](https://jdbar.com/cases/pejek-feketi/) - IN THE MATTER OF ANDREW T. PAJEK, PETITIONER-APPELLANT, v STEPHEN FEKETI AND EMILY KATHERINE IRELAND, NOW KNOWN AS EMILY KATHERINE VALCIN, RESPONDENTS-RESPONDENTS. Appellate Division, Fourth Department Decided on March 22, 2019 Matter of Pajek v Feketi 2019 NY Slip Op 02208 Decided on March 22, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate
- [McKenna v. McKenna (Second Department 2014)](https://jdbar.com/cases/mckenna/) - ALEXANDER McKENNA, Respondent, v. ANN MARIE McKENNA, Appellant. Appellate Division, Second Department. Decided October 15, 2014. McKenna v. McKenna 121 A.D.3d 864, 994 N.Y.S.2d 381, 2014 NY Slip Op 06951 In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Nassau County (Reilly, J.), dated November 29,
- [Massina v Massina (Second Department 2017)](https://jdbar.com/cases/massina/) - Linda Massina, also known as Linda Short, respondent, v Robert A. Massina, appellant. Appellate Division, Second Department Decided on April 19, 2017 Massina v Massina 2017 NY Slip Op 02978 RUTH C. BALKIN, J.P. LEONARD B. AUSTIN SANDRA L. SGROI HECTOR D. LASALLE, JJ. 2015-04833 James F. Hagney, Esq., P.C., Huntington, NY, for appellant. Wallace,
- [Marin v Marin (Second Department 2017)](https://jdbar.com/cases/marin/) - Rhonda Marin, appellant, v Glen Marin, respondent. Appellate Division, Second Department Decided on March 29, 2017 Marin v Marin 2017 NY Slip Op 02415 L. PRISCILLA HALL, J.P. JEFFREY A. COHEN BETSY BARROS FRANCESCA E. CONNOLLY, JJ. 2014-03378 Bartle, McGrane, Duffy & Jones, LLP, Troy, NY (James P. Curran of counsel), for appellant. DECISION &
- [Maliah-Dupass v Dupass (Second Department 2018)](https://jdbar.com/cases/maliah-dupass/) - Sian Maliah-Dupass, plaintiff, v Jahiz Dupass, appellant. Appellate Division, Second Department Decided on November 21, 2018 Maliah-Dupass v Dupass 2018 NY Slip Op 08018 LEONARD B. AUSTIN, J.P. SHERI S. ROMAN SANDRA L. SGROI HECTOR D. LASALLE, JJ. 2017-04053 Law Offices of Eyal Talassazan, P.C., Garden City, NY, for appellant. DECISION & ORDER In an
- [Lowe v Lowe (Second Department 2017)](https://jdbar.com/cases/lowe/) - Christine Lowe, respondent, v Mendel Lowe, appellant. Appellate Division, Second Department Decided on June 21, 2017 Lowe v Lowe 2017 NY Slip Op 05077 JOHN M. LEVENTHAL, J.P. SYLVIA O. HINDS-RADIX HECTOR D. LASALLE VALERIE BRATHWAITE NELSON, JJ. 2015-02259 Pollard Law Group, P.C., New York, NY (Jonathan C. Pollard of counsel), for appellant. Law Offices
- [Levin v Blum (Second Department 2018)](https://jdbar.com/cases/levin-blum/) - In the Matter of Tomer T. Levin, respondent, v Efrat Blum, appellant. Appellate Division, Second Department Decided on December 5, 2018 Matter of Levin v Blum 2018 NY Slip Op 08301 DiMascio & Associates, LLP, Garden City, NY (Lisa J. Silverman of counsel), for appellant. Sunshine, Isaacson & Hecht, LLP, Jericho, NY (Joshua Hecht of
- [Kumar v Chander (Second Department 2017)](https://jdbar.com/cases/kumar-chander/) - Daljit Kumar, appellant, v Sunita Chander, respondent. Appellate Division, Second Department Decided on April 5, 2017 Kumar v Chander 2017 NY Slip Op 02633 L. PRISCILLA HALL, J.P. LEONARD B. AUSTIN SANDRA L. SGROI FRANCESCA E. CONNOLLY, JJ. 2014-05648 Juan P. Luciano, New York, NY, for appellant. Gopal T. Kukreja, Syosset, NY (Gail M. Blasie
- [Kaufman v Kaufman (Second Department 2015)](https://jdbar.com/cases/kaufman/) - Joyce KAUFMAN, Appellant v. Michael KAUFMAN, Respondent Appellate Division, Second Department September 2, 2015 Kaufman v Kaufman 131 A.D.3d 939, 17 N.Y.S.3d 34 Ordered that the order is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, that branch of the plaintiff's motion which was for an interim
- [Kashman v Kashman (Second Department 2017)](https://jdbar.com/cases/kashman/) - Jodi Kashman, respondent-appellant, v Thomas Kashman, appellant-respondent. Appellate Division, Second Department Decided on February 22, 2017 Kashman v Kashman 2017 NY Slip Op 01343 Goldman & Maurer, LLP, Great Neck, NY (Ellen W. Maurer and Alison S. Moss of counsel), for appellant-respondent. Edwards & Rockmore, P.C., Garden City, NY (Jonathan E. Edwards of counsel), for
- [Kaprov v Stalinsky (Second Department 2016)](https://jdbar.com/cases/kaprov-stalinsky/) - Gala Kaprov, respondent, v Roman Stalinsky, et al., appellants. Appellate Division, Second Department Decided on December 21, 2016 Kaprov v Stalinsky 2016 NY Slip Op 08509 MARK C. DILLON, J.P. THOMAS A. DICKERSON JOSEPH J. MALTESE COLLEEN D. DUFFY, JJ. 2014-09411 Jeffrey S. Schecter & Associates, P.C., Garden City, NY, for appellants. Stark & Levoritz,
- [Johnson v. Chapin (Court of Appeals 2009)](https://jdbar.com/cases/johnson-chapin/) - Janet M. Johnson, Respondent-Appellant, v Allan M. Chapin, Appellant-Respondent. NEW YORK COURT OF APPEALS May 7, 2009 Johnson v. Chapin 12 NY3d 461 Daniel N. Jocelyn, for appellant-respondent. Allan E. Mayefsky, for respondent-appellant. PIGOTT, J. Husband and wife were married in January 1991 and have one child. Husband has four children from a previous marriage
- [Grant v Frank (Second Department 2017)](https://jdbar.com/cases/grant-frank/) - Stafford Grant, appellant, v Sharon Frank, respondent. Appellate Division, Second Department Decided on May 3, 2017 Grant v Frank 2017 NY Slip Op 03495 REINALDO E. RIVERA, J.P. CHERYL E. CHAMBERS SHERI S. ROMAN HECTOR D. LASALLE, JJ. 2014-08305 Gail M. Blasie, Garden City, NY, for appellant. Jaspan Schlesinger LLP, Garden City, NY (Seth A.
- [Galanopoulos v Galanopoulos (Second Department 2017)](https://jdbar.com/cases/galanoulos/) - Elaine Galanopoulos, respondent, v Dimitrios Galanopoulos, appellant. Appellate Division, Second Department Decided on July 26, 2017 Galanopoulos v Galanopoulos 2017 NY Slip Op 05807 MARK C. DILLON, J.P. JEFFREY A. COHEN COLLEEN D. DUFFY FRANCESCA E. CONNOLLY, JJ. 2015-01975 Maniatis & Dimopoulos, P.C., Tuckahoe, NY (Constantine G. Dimopoulos and Gus Dimopoulos of counsel), for appellant.
- [Fleming v McCloskey (Second Department 2019)](https://jdbar.com/cases/fleming-mccloskey/) - In the Matter of Christine E. Fleming, respondent, v Darren Robert McCloskey, appellant. Appellate Division, Second Department Decided on June 12, 2019 Matter of Fleming v McCloskey 2019 NY Slip Op 04697 MARK C. DILLON, J.P. JEFFREY A. COHEN COLLEEN D. DUFFY LINDA CHRISTOPHER, JJ. 2017-11927 Darren McCloskey, Yonkers, NY, named herein as Darren Robert
- [Evelyn v Henry (Second Department 2018)](https://jdbar.com/cases/evelyn/) - Gerald Arthur Evelyn, appellant, v Yvonne Henry Evelyn, respondent. Appellate Division: Second Judicial Department October 12, 2018 Evelyn v Henry 2018-03898 DECISION & ORDER The Law Firm of Gary N. Weintraub, LLP, Huntington, NY, for appellant. Simonetti & Associates, Woodbury, NY (Charlotte M. Betts of counsel), for respondent. In an action for a divorce and
- [Elisa N. v Yoav I.  (First Department 2019)](https://jdbar.com/cases/elisa-yoav/) - In re Elisa N., Petitioner-Respondent, v Yoav I., Respondent-Appellant. Appellate Division, First Department Decided on March 14, 2019 Matter of Elisa N. v Yoav I. 2019 NY Slip Op 01843 Richter, J.P., Gische, Kern, Moulton, JJ. Bruce A. Young, New York, for appellant. Dawne A. Mitchell, The Legal Aid Society, New York (Diane Pazar of
- [DeCamello v DeCamello (Second Department 2017)](https://jdbar.com/cases/decamello/) - Sarah DeCamello, respondent, v Anthony DeCamello, appellant. Appellate Division, Second Department Decided on June 14, 2017 DeCamello v DeCamello 2017 NY Slip Op 04814 CHERYL E. CHAMBERS, J.P. ROBERT J. MILLER SYLVIA O. HINDS-RADIX HECTOR D. LASALLE, JJ. 2015-04808 Simonetti & Associates, Woodbury, NY (Louis F. Simonetti of counsel), for appellant. Winter & Grossman, PLLC,
- [David v Cruz (First Department 2013)](https://jdbar.com/cases/david-cruz/) - William David, Appellant, v Onilda Cruz, Respondent. Appellate Division, First Department February 19, 2013 David v Cruz 2013 NY Slip Op 01025 [103 AD3d 494] Bernfeld, DeMatteo & Bernfeld, LLP, New York (Jeffrey L. Bernfeld of counsel), for appellant. Daniel S. Perlman, New York, for respondent. Order, Supreme Court, Bronx County (Mark Friedlander, J.),
- [Cummins v Lune (Third Department 2017)](https://jdbar.com/cases/cummins-lune/) - KATHERINE MAUREEN CUMMINS, Appellant, v HOWARD LUNE, Respondent. Appellate Division, Third Department Decided on June 8, 2017 Cummins v Lune 2017 NY Slip Op 04528 Before: McCarthy, J.P., Rose, Devine, Clark and Mulvey, JJ. Law Office of Jay A. Kaplan, Kingston (Jay A. Kaplan of counsel), for appellant. Diana L. Kidd, New Paltz, for respondent.
- [Cioffi-Petrakis v Petrakis (Second Department 2010)](https://jdbar.com/cases/cioffi-petrakis/) - Elizabeth Cioffi-Petrakis, Appellant, v Panagiotis Petrakis, Respondent. Appellate Division, Second Department April 20, 2010 Cioffi-Petrakis v Petrakis 2010 NY Slip Op 03266 Leeds Morelli & Brown, P.C., Carle Place, N.Y. (Steven A. Morelli and Shannon K. Hynes of counsel), for appellant. Gassman, Baiamonte, Betts & Tannenbaum, P.C., Garden City, N.Y. (Stephen Gassman and Cheryl Y.
- [Cimons v Cimons (Second Department 2008)](https://jdbar.com/cases/cimons/) - Caroline Cimons, Respondent, v Wayne Cimons, Appellant. Second Department, June 17, 2008 Cimons v Cimons 2008 NY Slip Op 05642 [53 AD3d 125] APPEARANCES OF COUNSEL Goldschmidt & Genovese, LLP, White Plains (Rhona M. Bork of counsel), for appellant. Candi J. Fulop, White Plains (Therese R. Malach of counsel), for respondent. OPINION OF THE
- [Brinkmann v Brinkmann (Second Department 2017)](https://jdbar.com/cases/brinkmann/) - Valentinus Brinkmann, respondent, v Linda Brinkmann, appellant. Appellate Division, Second Department Decided on July 19, 2017 Brinkmann v Brinkmann 2017 NY Slip Op 05702 REINALDO E. RIVERA, J.P. SANDRA L. SGROI ROBERT J. MILLER VALERIE BRATHWAITE NELSON, JJ. 2014-11364 (Index No. 22297/11) Anthony A. Capetola, Williston Park, NY (Robert P. Johnson of counsel), for appellant.
- [Blonder v Blonder (Second Department 2019)](https://jdbar.com/cases/blonder/) - In the Matter of Patti Blonder, respondent, v Evan Blonder, appellant. Appellate Division, Second Department Decided on April 17, 2019 Matter of Blonder v Blonder 2019 NY Slip Op 02864 REINALDO E. RIVERA, J.P. RUTH C. BALKIN CHERYL E. CHAMBERS ROBERT J. MILLER, JJ. 2018-10307 (Docket No. F-12565-17/17A) Johannesen & Johannesen, PLLC, Rocky Point, NY
- [Ball v Ball (Third Department 2017)](https://jdbar.com/cases/ball/) - ELISA BALL, Appellant-Respondent, v LAWRENCE E. BALL, Respondent-Appellant. Appellate Division, Third Department Decided on May 25, 2017 Ball v Ball 2017 NY Slip Op 04179 Before: Peters, P.J., Lynch, Rose, Devine and Mulvey, JJ. Steven Nussbaum, New Paltz, for appellant-respondent. Blatchly & Simonson, PC, New Paltz (Bruce D. Blatchly of counsel), for respondent-appellant. Amy Ingram,
- [Argila v Edelman (Second Department 2019)](https://jdbar.com/cases/argila-edelman/) - In the Matter of Anthony Argila, respondent, v Alison Edelman, appellant. Appellate Division, Second Department Decided on July 3, 2019. Matter of Argila v Edelman 2019 NY Slip Op 05398 Decided on July 3, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department JOHN M. LEVENTHAL, J.P. JOSEPH J. MALTESE
- [Anthony B. v Judy M. (First Department 2018)](https://jdbar.com/cases/anthony-judy/) - In re Anthony B., Petitioner-Appellant, v Judy M., Respondent-Respondent. Appellate Division, First Department Decided on December 13, 2018 Matter of Anthony B. v Judy M. 2018 NY Slip Op 08543 Friedman, J.P., Gische, Kapnick, Kahn, Kern, JJ. Andrew J. Baer, New York, for Anthony B., appellant/respondent. Geoffrey P. Berman, Larchmont, for Judy M., respondent/appellant. Order
- [Anonymous v. Anonymous (First Department 2016)](https://jdbar.com/cases/anonymous/) - Anonymous v. Anonymous SUPREME COURT, APPELLATE DIVISION First Judicial Department Aug 4, 2016 Anonymous v. Anonymous 142 A.D.3d 187, 2016 N.Y. Slip Op. 5736 ACOSTA , J. Angela M. Mazzarelli,J.P. Rolando T. Acosta David B. Saxe Barbara R. Kapnick Marcy L. Kahn, JJ. Defendant appeals from the order of the Supreme Court, New York
- [Trafelet v Trafelet (First Department 2017)](https://jdbar.com/cases/trafelet/) - In Trafelet v Trafelet the use of a summary judgment motion to determine some issues of equitable distribution was allowed.
- [Rosenberg v Rosenberg (Second Department 2016)](https://jdbar.com/cases/rosenberg/) - Virginia Rosenberg, respondent, v Robert Rosenberg, appellant. Appellate Division, Second Department Decided on December 28, 2016 Rosenberg v Rosenberg 2016 NY Slip Op 08893 RUTH C. BALKIN, J.P. THOMAS A. DICKERSON SYLVIA O. HINDS-RADIX VALERIE BRATHWAITE NELSON, JJ. 2014-10532 Alexander Potruch, LLC, Garden City, NY, for appellant. DECISION & ORDER Appeal by the defendant from
- [Picone v Golio (Second Department 2019)](https://jdbar.com/cases/picone-golio/) - In the Matter of Joseph Picone, respondent, v Frank Golio, appellant. Appellate Division, Second Department Decided on March 13, 2019 Matter of Picone v Golio 2019 NY Slip Op 01774 MARK C. DILLON, J.P. JOHN M. LEVENTHAL SYLVIA O. HINDS-RADIX COLLEEN D. DUFFY, JJ. 2018-08727 Meth Law Offices, P.C., Chester, NY (Michael D. Meth of
- [Lionel PP. v Sherry QQ. (Third Department 2019)](https://jdbar.com/cases/lionel-sherry/) - In the Matter of LIONEL PP., Respondent, v SHERRY QQ., Appellant. (And Three Other Related Proceedings). Appellate Division, Third Department Decided on March 28, 2019 Matter of Lionel PP. v Sherry QQ. 2019 NY Slip Op 02398 Before: Egan Jr., J.P., Clark, Mulvey and Aarons, JJ. Bailey, Johnson, DeLeonardis & Peck, PC, Albany (Monique
- [Larowitz v Lebetkin (First Department 2019)](https://jdbar.com/cases/larowitz-lebetkin/) - Randi Larowitz, Plaintiff-Respondent, v Steven Lebetkin, Defendant-Appellant. Appellate Division, First Department Decided on March 26, 2019 Larowitz v Lebetkin 2019 NY Slip Op 02273 Decided on March 26, 2019 Sweeny, J.P., Richter, Tom, Kapnick, Oing, JJ. Deborah J. Blum, New York, for appellant. Goldweber Epstein LLP, New York (Elyse S. Goldweber of counsel), for respondent.
- [AC v. DR (Supreme Court Nassau County 2011)](https://jdbar.com/cases/ac-dr/) - A.C. v D.R. Supreme Court of New York Nassau County 2011 NY Slip Op 21113 March 28, 2011 A.C. v. D.R. 2011 NY Slip Op 21113 Attorneys for the Plaintiff Wife: Robert Brodrick, Esq., Morna Brodrick & Elliot, 300 Commack Plaza, Commack, New York, 516-741-3060 Attorneys for the Defendant Husband: Elliot Polland, Esq. Hoffman, Polland
- [Adamo v. Adamo (Second Department 2005)](https://jdbar.com/cases/adamo/) - Ross Adamo, respondent, v. Janet Adamo, appellant. Supreme Court of New York Appellate Division, Second Department 18 A.D.3d 407 October 19, 2004, Argued May 2, 2005, Decided Adamo v. Adamo 18 A.D.3d 407; 794 N.Y.S.2d 413 COUNSEL: J. Bennett Farrell, Monroe, N.Y., for appellant. Levinson, Reineke & Ornstein, P.C., Central Valley, N.Y. (David L. Levinson
- [Adams v. Franklin (Third Department 2004)](https://jdbar.com/cases/adams-franklin/) - In the Matter of Thomas W. Adams, Respondent, v. Kathryn E. Franklin, Appellant. (And Three Other Related Proceedings.) Supreme Court of New York Appellate Division, Third Department 9 A.D.3d 544 July 1, 2004, Decided July 1, 2004, Entered Adams v. Franklin 9 A.D.3d 544; 779 N.Y.S.2d 295 COUNSEL: Marcel J. Lajoy, Schenectady, for appellant. Eugene
- [Aldous v. Aldous (Third Department 1984)](https://jdbar.com/cases/aldous/) - Catherine B. Aldous, Respondent, v. Philip D. Aldous, Appellant Supreme Court of New York Appellate Division, Third Department 99 A.D.2d 197 March 1, 1984 Aldous v. Aldous 99 A.D.2d 197; 473 N.Y.S.2d 60 COUNSEL Amshoff & Amshoff (Ellen Leary Coccoma of counsel), for appellant. Charles E. Crandall, Jr., for respondent. JUDGES: Kane, J. Mahoney, P.
- [Arnone v. Arnone (Third Department 2007)](https://jdbar.com/cases/arnone/) - GREGORY ARNONE, Respondent, v. MICHELE ARNONE, Appellant. SUPREME COURT OF NEW YORK APPELLATE DIVISION, THIRD DEPARTMENT 36 A.D.3d 1170 January 25, 2007, Decided January 25, 2007, Entered Arnone v. Arnone 36 A.D.3d 1170; 828 N.Y.S.2d 677 COUNSEL Friedman & Molinsek, P.C., Delmar, (Julie N. Perez of counsel), for appellant. Flaherty & O'Brien, L.L.P., Albany, (Kevin
- [Auffhammer v. Auffhammer (Third Department 1984)](https://jdbar.com/cases/auffhammer/) - In the Matter of Cindy L. Auffhammer, Appellant, v. Robert Auffhammer, Respondent Supreme Court of New York, Appellate Division, Third Department 101 A.D.2d 929 May 17, 1984 Auffhammer v. Auffhammer 101 A.D.2d 929; 475 N.Y.S.2d 649 JUDGES: Main, J. P., Mikoll, Yesawich, Jr., Levine and Harvey, JJ.,concur. OPINION Appeal from an order of the Family
- [Ayen v. Sain (Fourth Department 2011)](https://jdbar.com/cases/ayen-sain/) - Matter of Ayen v Sain SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Department 2011 NY Slip Op 08006 Decided on November 10, 2011 Ayen v Sain 2011 NY Slip Op 08006 PRESENT: FAHEY, J.P., CARNI, SCONIERS, GORSKI, AND MARTOCHE, JJ. IN THE MATTER OF ANDREW D. AYEN, PETITIONER-APPELLANT, v KIMBERLY S.
- [Baecher v Baecher (Second Department 1983)](https://jdbar.com/cases/baecher/) - John J. Baecher, Respondent - Appellant, v. John J. Baecher, Jr., Appellant - Respondent, and Elizabeth Baecher, Respondent Appellate Division of the Supreme Court of the State of New York, Second Department. 95 A.D.2d 841 (1983) June 27, 1983 Baecher v. Baecher 95 A.D.2d 841 Mollen, P. J., Damiani, Lazer and Mangano, JJ., concur. On
- [Baraby v. Baraby (Third Department 1998)](https://jdbar.com/cases/baraby/) - Carolyn BARABY, Appellant-Respondent, v. Bryan BARABY, Respondent-Appellant. Supreme Court, Appellate Division, Third Department. 250 A.D.2d 201 Dec. 17, 1998. Baraby v. Baraby 681 N.Y.S.2d 826; 250 A.D.2d 201 Bartlett, Pontiff, Stewart & Rhodes (Mark E. Cerasano, of counsel), for appellant-respondent. Asadourian & Johnston (Ara Asadourian, of counsel), Plattsburgh, for respondent-appellant. Before CARDONA, P.J., MERCURE, WHITE,
- [Bast v. Rossoff (Court of Appeals 1998)](https://jdbar.com/cases/bast-rossoff/) - Michael BAST, Appellant, v. Shelley R. ROSSOFF, Respondent. Court of Appeals of New York. June 16, 1998. Bast v. Rossoff 675 N.Y.S.2d 19; 91 N.Y.2d 723, 697 N.E.2d 1009 Scheinkman, Fredman & Kosan, L.L.P., White Plains (Howard B. Felcher, Alan D. Scheinkman, E. Michael Kosan and Lois N. Rosen, of counsel), for appellant. Mark S.
- [Bennett v. Jeffreys (Court of Appeals 1976)](https://jdbar.com/cases/bennett-jeffreys/) - In the Matter of Joanne BENNETT, Respondent, v. Marie JEFFREYS, also known as Marie Green, also known as Marie Morrow, Appellant. Court of Appeals of New York. Sept. 21, 1976. Bennett v. Jeffreys 387 N.Y.S.2d 821, 40 N.Y.2d 543, 356 N.E.2d 277 Jerome J. Goldstein, Mount Vernon, for appellant. John T. Hand and Lawrence S.
- [Bergson v. Bergson (Second Department 1979)](https://jdbar.com/cases/bergson/) - Marcia Bergson, Respondent-Appellant, v. Murray Bergson, Appellant-Respondent Supreme Court of New York, Appellate Division, Second Department March 26, 1979 Bergson v. Bergson 68 A.D.2d 931; 414 N.Y.S.2d 593 JUDGES: Hopkins, J. P., Damiani, Rabin and Mangano, JJ., concur. OPINION In an action in which the plaintiff was granted a judgment of divorce, the parties cross-appeal
- [Bishop v. Lansley (Third Department 1984)](https://jdbar.com/cases/bishop-lansley/) - In the Matter of Sharon E. Bishop, Appellant, v. Albert F. Lansley, Jr., Respondent Supreme Court of New York, Appellate Division, Third Department 106 A.D.2d 732 December 6, 1984 Bishop v. Lansley 106 A.D.2d 732; 483 N.Y.S.2d 767 JUDGES: Mahoney, P. J., Kane, Main, Weiss and Mikoll, JJ., concur. OPINION Appeal from an order of
- [Blank v. Blank (Fourth Department 1986)](https://jdbar.com/cases/blank/) - In the Matter of Dale Blank, Respondent, v. JoAnne Blank, Appellant Supreme Court of New York, Appellate Division, Fourth Department November 10, 1986 Blank v. Blank 124 A.D.2d 1010; 509 N.Y.S.2d 217 OPINION Order unanimously reversed on the law, without costs, and matter remitted to Steuben County Family Court for further proceedings, in accordance with
- [Bliss v. Bliss (Court of Appeals 1985)](https://jdbar.com/cases/bliss/) - In the Matter of Virginia R. Bliss, Appellant, v. Richard M. Bliss, Respondent; In the Matter of Kay C. Collyer, Respondent, v. Robert B. Proper, Appellant Court of Appeals of New York 66 N.Y.2d 382 November 15, 1985, Argued December 19, 1985, Decided Bliss v. Bliss 66 N.Y.2d 382; 488 N.E.2d 90; 497 N.Y.S.2d 344
- [Boden v. Boden (Court of Appeals 1977)](https://jdbar.com/cases/boden/) - In the Matter of Janet BODEN, Mother, on Behalf of Janet M. Boden, Respondent, v. James J. BODEN, Appellant. Court of Appeals of New York. 42 N.Y.2d 210 July 7, 1977. Boden v. Boden 397 N.Y.S.2d 701, 42 N.Y.2d 210, 366 N.E.2d 791 James H. Goodfriend, New York City, for appellant. Peter E. Bronstein, New
- [Brady v. Brady (Court of Appeals 1985)](https://jdbar.com/cases/brady/) - Edward BRADY, Appellant, v. Dorothy BRADY, Respondent. Court of Appeals of New York. Feb. 14, 1985. Brady v. Brady 486 N.Y.S.2d 891, 64 N.Y.2d 339, 476 N.E.2d 290 Dale B. Weiss, Commack, for appellant. Herman Yellon, Mineola, for respondent. OPINION OF THE COURT WACHTLER, Chief Judge. Plaintiff Edward Brady has brought this matrimonial action against
- [Braiman v. Braiman (Court of Appeals 1978)](https://jdbar.com/cases/braiman/) - Arthur W. Braiman, Appellant, v. Sharon Braiman, Respondent Court of Appeals of New York May 1, 1978, Argued June 8, 1978, Decided Braiman v. Braiman 44 N.Y.2d 584; 378 N.E.2d 1019 OPINION OF THE COURT In a proceeding, described as one to modify a judgment of divorce obtained by the husband, petitioner father seeks custody
- [Brescia v. Fitts (Court of Appeals 1982)](https://jdbar.com/cases/brescia-fitts/) - In the Matter of Anne S. Brescia, Appellant, v. Peter C. Fitts, Respondent Court of Appeals of New York March 24, 1982, Argued May 20, 1982, Decided Brescia v. Fitts 56 N.Y.2d 132; 436 N.E.2d 518; 451 N.Y.S.2d 68 JUDGES: Gabrielli, J. Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer concur. OPINION
- [Cassano v. Cassano (Court of Appeals 1995)](https://jdbar.com/cases/cassano/) - In the Matter of Maryann CASSANO, Respondent, v. Dominick CASSANO, Appellant. Court of Appeals of New York. May 9, 1995. Cassano v. Cassano 628 N.Y.S.2d 10; 85 N.Y.2d 649, 651 N.E.2d 878 Schapiro & Reich, Lindenhurst (Perry S. Reich, of counsel), for appellant. Dikman, Dikman & Botter, Jamaica (Michael Dikman and Donna Dubinsky, of counsel),
- [Christian v. Christian (Court of Appeals 1977)](https://jdbar.com/cases/christian/) - Henrietta G. Christian, Respondent, v. William L. Christian, Appellant. Court of Appeals of the State of New York. 42 N.Y.2d 63 (1977) Argued February 17, 1977. Decided June 9, 1977. Christian v. Christian 42 N.Y.2d 63 (1977) Stephen W. Schlissel and Charles S. Sherman for appellant. George R. Hoffman for respondent. Chief Judge BREITEL and
- [Coakley v. Goins (Second Department 1997)](https://jdbar.com/cases/coakley-goins/) - In the Matter of Stephen Coakley, Respondent, v. Kim Goins, Appellant. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT May 5, 1997, Submitted June 16, 1997, Decided Coakley v. Goins 240 A.D.2d 573; 659 N.Y.S.2d 75 JUDGES: Bracken, J. P., Rosenblatt, Thompson and Krausman, JJ., concur. OPINION Ordered that the order is affirmed, without
- [Cuda v. Cuda (Fourth Department 2005)](https://jdbar.com/cases/cuda/) - CAROL A. CUDA, Respondent, v. GARY D. CUDA, Appellant. (Appeal No. 2.) Appellate Division of the Supreme Court of the State of New York, Fourth Department. 19 A.D.3d 1114 796 N.Y.S.2d 821 June 10, 2005. CUDA v. CUDA 19 A.D.3d 1114 Present — Pigott, Jr., P.J., Green, Gorski, Pine and Lawton, JJ. It is hereby
- [Cornell v. T. V.  Development Corp (Court of Appeals 1966)](https://jdbar.com/cases/cornell-development-corp/) - CORNELL v. T. V. DEV. CORP. 17 N.Y.2d 69 (1966) Robert Cornell, Appellant, v. T. V. Development Corp., Respondent, et al., Defendants. Court of Appeals of the State of New York. Argued January 11, 1966. Decided February 24, 1966. Cornell v. T. V. Dev. Corp. 17 N.Y.2d 69 Stanley Goldman for appellant. Jack C. Brill
- [Dallin v. Dallin (Second Department 1996)](https://jdbar.com/cases/dallin/) - In the Matter of John G. Dallin, Appellant, v. Susan N. Dallin, Respondent. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT March 14, 1996, Argued March 25, 1996, Decided Dallin v. Dallin 225 A.D.2d 768; 640 N.Y.S.2d 148 COUNSEL Howard J. Pobiner, White Plains, N.Y., for appellant. Scheinkman, Fredman & Kosan, White Plains, N.Y.
- [Dalton v. City of Saratoga Springs (Third Department 2004)](https://jdbar.com/cases/dalton-saratoga-springs/) - Dalton v City of Saratoga Springs Peter P. Dalton et al., Appellants, v City of Saratoga Springs, Respondent. 2004 NY Slip Op 08293 [12 AD3d 899] November 18, 2004 Appellate Division, Third Department Dalton v City of Saratoga Springs 12 AD3d 899 Crew III, J.P. Appeal from an order of the Supreme Court (Nolan, Jr.,
- [DeCabrera v. Cabrera-Rosete (Court of Appeals 1987)](https://jdbar.com/cases/decabrera-cabrera-rosete/) - Karin F. DECABRERA, Respondent, v. Jorge A. CABRERA-ROSETE, Appellant. New York Court of Appeals December 15, 1987. DeCabrera v.Cabrera-Rosete 70 N.Y.2d 879; 524 N.Y.S.2d 176 Gerald Zuckerman and Jack Minoff, New York City, for appellant. William D. London and A. Albert Buonamici, White Plains, for respondent. OPINION OF THE COURT MEMORANDUM. The order of the
- [Diemer v. Diemer (Court of Appeals 1960)](https://jdbar.com/cases/diemer/) - William Diemer, Appellant, v. Gilberte Diemer, Respondent Court of Appeals of New York March 29, 1960, Argued July 8, 1960, Decided Diemer v. Diemer 8 N.Y.2d 206; 168 N.E.2d 654 COUNSEL: Leonard M. Leiman, for appellant. Anthony F. LoFrisco and William D. Sullivan, for respondent. JUDGES: Judges Dye, Froessel, Van Voorhis and Foster concur with
- [Dolan v. Dolan (Court of Appeals 1991)](https://jdbar.com/cases/dolan/) - Gerard A. Dolan, Appellant, v. Lois A. Dolan, Respondent Court of Appeals of New York October 9, 1991, Submitted November 19, 1991, Decided Dolan v. Dolan 78 N.Y.2d 463; 583 N.E.2d 908; 577 N.Y.S.2d 195 COUNSEL: Michael W. Kirshon for appellant. Myron Kahn and Steve S. Efron for respondent. JUDGES: Alexander, J. Chief Judge Wachtler
- [Eastman v. Drennen (Third Department 1986)](https://jdbar.com/cases/eastman-drennen/) - In the Matter of Frank L. Eastman, Respondent, v. Joanne Drennen, Appellant Supreme Court of New York, Appellate Division, Third Department July 17, 1986 Eastman v. Eastman 122 A.D.2d 397; 505 N.Y.S.2d 211 JUDGES: Mahoney, P. J., Kane, Casey, Mikoll and Levine, JJ., concur. OPINION Appeal from an order of the Family Court of Madison
- [Elacqua v. James EE (Third Department 1994)](https://jdbar.com/cases/elacqua-james/) - In the Matter of Angela M. Elacqua, on Behalf of Tiffany DD., an Infant, Respondent, v. James EE., Appellant Appellate Division of the Supreme Court of the State of New York, Third Department. April 14, 1994 Angela M. Elacqua v James EE. 203 A.D.2d 688, 610 N.Y.S.2d 354 Mercure, White, Weiss and Peters, JJ., concur.
- [Elkus v. Elkus (First Department 1991)](https://jdbar.com/cases/elkus/) - F. Elkus, Respondent v. Peter Elkus, Appellant Supreme Court of New York, Appellate Division, First Department July 2, 1991 Elkus v. Elkus 169 A.D.2d 134; 572 N.Y.S.2d 901 COUNSEL Alfred Ferrer, III, of counsel (Stacey Hallerman with him on the brief; Bass & Ullman, attorneys), for appellant. Jeanne Wilmot Carter of counsel (Raimonde L. Schwarz
- [Entwistle v. Entwistle (Second Department 1978)](https://jdbar.com/cases/entwistle/) - Patricia Entwistle, Respondent, v. Charles Entwistle, Appellant Supreme Court of New York, Appellate Division, Second Department February 21, 1978 Entwistle v. Entwistle 61 A.D.2d 380; 402 N.Y.S.2d 213 OPINION OF THE COURT This appeal raises the difficult legal issue of how to safeguard the visitation rights of a noncustodial parent when the custodial parent has
- [Eschbach v. Eschbach (Court of Appeals 1982)](https://jdbar.com/cases/eschbach/) - Donald ESCHBACH, Appellant, v. Rita ESCHBACH, Respondent Court of Appeals of New York. May 13, 1982. Eschbach v. Eschbach 451 N.Y.S.2d 658, 56 N.Y.2d 167, 436 N.E.2d 1260 Herbert J. Malach, New Rochelle, and Robert G. Schneider, New York City, for appellant. Edward D. Loughman, Jr., New Rochelle, for respondent. OPINION OF THE COURT JASEN,
- [Finkelstein-Lincoln National (Second Department 2013)](https://jdbar.com/cases/finkelstein-lincoln-national/) - FINKELSTEIN v. LINCOLN NATL. CORP. HAROLD FINKELSTEIN et al., Appellants-Respondents, v. LINCOLN NATIONAL CORPORATION et al., Defendants, and LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK et al., Respondents-Appellants. Appellate Division of the Supreme Court of New York, Second Department. 107 A.D.3d 759, 967 N.Y.S.2d 733, 2013 NY Slip Op 4308 Decided June 12, 2013.
- [Florio v. Florio (Third Department 2006)](https://jdbar.com/cases/florio/) - FRANK J. FLORIO, Respondent-Appellant, v. LAUREL A. FLORIO, Appellant-Respondent. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT January 19, 2006, Decided January 19, 2006, Entered Florio v. Florio 25 A.D.3d 947; 809 N.Y.S.2d 231 COUNSEL Bartlett, Pontiff, Stewart & Rhodes, P.C., Glens Falls (Mark E. Cerasano of counsel), for appellant-respondent. Bernadette M. Hollis, Glens
- [Foxx v. Foxx (Third Department 1985)](https://jdbar.com/cases/foxx/) - SHIRLEY J. FOXX, Respondent, v. CHARLES H. FOXX, Appellant SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT October 17, 1985 Foxx v. Foxx 114 A.D.2d 605; 494 N.Y.S.2d 446 OPINION Main, J. Appeals (1) from a judgment of the Supreme Court ordering, inter alia, equitable distribution of the parties' marital property, entered August 2,
- [Frank R. v. Deborah Ann R (Second Department 1994)](https://jdbar.com/cases/frank-deborah/) - Frank R. (Anonymous), respondent, v. Deborah Ann R. (Anonymous), appellant. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT May 2, 1994, Argued May 23, 1994, Decided Frank R. v. Deborah Ann R. 204 A.D.2d 615; 612 N.Y.S.2d 78 COUNSEL Rosen & Leff, Hempstead, N.Y. (Howard B. Leff, Robert M. Rosen, and Michael S. Krome
- [Friederwitzer v. Friederwitzer (Court of Appeals 1982)](https://jdbar.com/cases/friederwitzer/) - Sharon FRIEDERWITZER, Appellant, v Elliot FRIEDERWITZER, Respondent. Court of Appeals of New York. Feb. 16, 1982. Friederwitzer v. Friederwitzer 447 N.Y.S.2d 893, 55 N.Y.2d 89, 432 N.E.2d 765 Carl D. Bernstein, New York City, for appellant. Stanley Lehrer, Melville, for respondent. OPINION OF THE COURT MEYER, Judge. Extraordinary circumstances are not a sine qua non
- [Garver v. Garver (Second Department 1998)](https://jdbar.com/cases/garver/) - Suzanne Garver, Appellant, v. John A. Garver, Respondent. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT May 7, 1998, Argued August 24, 1998, Decided Garver v. Garver 253 A.D.2d 512; 677 N.Y.S.2d 155 COUNSEL William Dunnegan, New York, N.Y., for appellant. Carol Eisenberg, Commack, N.Y., for respondent. JUDGES: O'Brien, J. P., Sullivan, Pizzuto and
- [Golub v. Ganz (Third Department 2005)](https://jdbar.com/cases/golub-ganz/) - MONA GOLUB, Respondent, v. MARC GANZ, Appellant. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT October 20, 2005, Decided October 20, 2005, Entered Golub v. Ganz 22 A.D.3d 919; 802 N.Y.S.2d 526 COUNSEL Friedman & Molinsek, P.C., Delmar (Michael P. Friedman of counsel), for appellant. McNamee, Lochner, Titus & Williams, P.C., Albany (Bruce J.
- [Graev v. Graev (Court of Appeals 2008)](https://jdbar.com/cases/graev/) - Linda R. Graev, respondent, v. Lawrence Graev, appellant. NEW YORK COURT OF APPEALS Argued September 2, 2008 October 21, 2008 Graev v. Graev 11 N.Y.3d 262 COUNSEL Greenberg Traurig, LLP, New York City (Leslie D. Corwin, Israel Rubin and Rachel Sims of counsel), for appellant. Myrna Felder, New York City, for respondent. Elliott Scheinberg, Staten
- [Graham v. Graham (Third Department 2005)](https://jdbar.com/cases/graham/) - In the Matter of NATASHA GRAHAM, Respondent, v TODD GRAHAM, Appellant. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT December 22, 2005, Decided December 22, 2005, Entered Graham v. Graham 24 A.D.3d 1051; 806 N.Y.S.2d 755 COUNSEL Courtney Holbrook, Albany, for appellant. Teresa Meade, Middleburgh, for respondent. Sven R. Paul, Law Guardian, Schenectady. JUDGES:
- [Grassi v. Grassi (Second Department 2006)](https://jdbar.com/cases/grassi/) - In the Matter of Edward Grassi, respondent, v. Janice Grassi, appellant. (Proceeding No. 1); In the Matter of Janice Grassi, appellant, v. Edward Grassi, respondent. (Proceeding No. 2) SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT April 4, 2006, Decided Grassi v. Grassi 28 A.D.3d 482; 812 N.Y.S.2d 638 COUNSEL: Amy L. Colvin, Halesite,
- [Gravlin v. Ruppert (Court of Appeals 2002)](https://jdbar.com/cases/gravlin-ruppert/) - In the Matter of Diana Gravlin, Appellant, v. Heinz Ruppert, Respondent. Court of Appeals May 7, 2002 Gravlin v. Ruppert 98 N.Y.2d 1; 770 N.E.2d 561; 743 N.Y.S.2d 773 Peter J. Scagnelli, for appellant. Paul M. Whitaker, for respondent. CIPARICK, J.: This appeal calls upon us to determine whether modification of child support provisions of
- [Grisi v. Shainswit (First Department 1986)](https://jdbar.com/cases/grisi-shainswit/) - In the Matter of William Grisi et al., Petitioners, v. Beatrice Shainswit, as Justice of the Supreme Court of The State of New York, Respondent Appellate Division of the Supreme Court of the State of New York, First Department. October 28, 1986 Grisi v. Shainswit 119 A.D.2d 418 (1986) Richard M. Sands of counsel (Jones
- [Grunfeld v. Grunfeld (Court of Appeals 2000)](https://jdbar.com/cases/grunfeld/) - Rochelle Grunfeld, Respondent, v. Harold M. Grunfeld, Appellant. COURT OF APPEALS OF NEW YORK April 5, 2000, Argued May 11, 2000, Decided Grunfeld v. Grunfeld 94 N.Y.2d 696; 709 N.Y.S.2d 486 COUNSEL: Squadron, Ellenoff, Plesent & Sheinfeld, L. L. P., New York City (Stanley Plesent of counsel), and Mintz & Gold, L. L. P. (Steven
- [Harrington v. Harrington (Court of Appeals 1943)](https://jdbar.com/cases/harrington/) - Josephine A. Harrington, Respondent, v. Robert P. Harrington, Appellant Court of Appeals of New York January 14, 1943, Argued March 11, 1943, Decided Harrington v. Harrington 290 N.Y. 126; 48 N.E.2d 290 COUNSEL: Edward D. Siemer for appellant. John J. McInerney for respondent. JUDGES: Lehman, Ch. J. Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.,
- [Hecht v. City of New York (Court of Appeals 1983)](https://jdbar.com/cases/hecht-new-york/) - HECHT v. CITY OF NEW YORK Estelle Hecht, Appellant, v. City of New York et al., Respondents. (And a Third-Party Action.) Court of Appeals of the State of New York. Argued June 6, 1983. Decided September 15, 1983. Hecht v. City of New York 60 N.Y.2d 57 (1983) Richard E. Shandell and David D. Glass
- [Hessen v. Hessen (Court of Appeals 1974)](https://jdbar.com/cases/hessen/) - Jules J. L. Hessen, Appellant-Respondent, v. Penelope Hessen, Respondent-Appellant Court of Appeals of New York January 15, 1974, Argued February 21, 1974, Decided Hessen v. Hessen 33 N.Y.2d 406; 308 N.E.2d 891; 353 N.Y.S.2d 421 JUDGES: Chief Judge Breitel. Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur. OPINION: In a matrimonial action, into which
- [Heverin v. Heverin (Second Department 1997)](https://jdbar.com/cases/heverin/) - In the Matter of Sean Heverin, Appellant, v. Lisa Sackel, Also Known as Lisa Heverin, Respondent SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT April 8, 1997, Submitted May 12, 1997, Decided Heverin v. Heverin 239 A.D.2d 418; 657 N.Y.S.2d 441 COUNSEL: Robert J. Hilpert, Croton-on-Hudson, N.Y., for appellant. Katz & Klein, Esqs., White
- [Holterman v. Holterman (Court of Appeals 2004)](https://jdbar.com/cases/holterman/) - Amy N. Holterman, Respondent, v. Robert K. Holterman, Appellant. COURT OF APPEALS OF NEW YORK April 28, 2004, Argued June 10, 2004, Decided Holterman v. Holterman 3 N.Y.3d 1; 814 N.E.2d 765; 781 N.Y.S.2d 458 COUNSEL Friedman and Molinsek, P.C., Delmar (Michael P. Friedman of counsel), for appellant. Flaherty & O'Brien, Albany (Shawn D. Flaherty
- [Iannone v. Iannone (Second Department 2006)](https://jdbar.com/cases/iannone/) - Laura Iannone, Appellant v Domenic Iannone et al., Respondents Supreme Court of New York Second Department July 25, 2006 Iannone v. Iannone. 31 A.D.3d 713, 820 N.Y.S.2d 86 Santo Alessi, Deer Park, N.Y., for appellant. Edward J. DiNunzio, Port Jefferson, N.Y., for respondents. In an action for a divorce and ancillary relief, the wife appeals,
- [Imhof v. Imhof (Second Department 1999)](https://jdbar.com/cases/imhof/) - Viola T. Imhof, Respondent-Appellant, v. William J. Imhof, Appellant-Respondent SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT March 11, 1999, Argued March 22, 1999, Decided Imhof v. Imhof 259 A.D.2d 666; 686 N.Y.S.2d 825 COUNSEL: William R. Garbarino, Sayville, N.Y. (Stacey Rose Dugan of counsel), for appellant-respondent. Kurtzberg & Kurtzberg, Melville, N.Y. (Myra Derkatch
- [Ingalls v. Ingalls (Fourth Department 1977)](https://jdbar.com/cases/ingalls/) - Larry S. Ingalls, as Father of Wade F. Ingalls, an Infant, Respondent, v. Joan A. Ingalls, Appellant Supreme Court of New York, Appellate Division, Fourth Department July 12, 1977 Ingalls v. Ingalls 58 A.D.2d 1039; 397 N.Y.S.2d 291 JUDGES: Simons, J. P., Dillon, Hancock, Denman and Goldman, JJ. OPINION Order unanimously affirmed, without costs. Memorandum:
- [Jacobs v. Jacobs (Second Department 1986)](https://jdbar.com/cases/jacobs/) - Kenneth Jacobs, Respondent-Appellant, v. Barbara Jacobs, Appellant-Respondent Supreme Court of New York, Appellate Division, Second Department February 18, 1986 Jacobs v. Jacobs 117 A.D.2d 709; 498 N.Y.S.2d 852 JUDGES: Brown, Weinstein and Eiber, JJ., concur. Thompson, J. P., concurs but dissents and votes to reverse. OPINION In a matrimonial action, the defendant wife appeals, as
- [James v. Powell (Court of Appeals 1967)](https://jdbar.com/cases/james-powell/) - JAMES v. POWELL 19 N.Y.2d 249 (1967) Esther James, Respondent, v. Adam C. Powell, Jr., et al., Appellants. Court of Appeals of the State of New York. Argued January 10, 1967. Decided March 2, 1967. JAMES v. POWELL 19 N.Y.2d 249 Henry R. Williams, Lawrence R. Bailey, Thomas V. Sinclair, Jr., William C. Chance, Jr.,
- [Jones Sledzik Garneau & Nardone, LLP. v. Galit Schloss (Second Department 2007)](https://jdbar.com/cases/jones-sledzik-schloss/) - JONES SLEDZIK GARNEAU & NARDONE, LLP, Respondent, v. GALIT SCHLOSS, Appellant. Appellate Division of the Supreme Court of the State of New York, Second Department. Decided February 6, 2007. Sledzik Garneau & Nardone v. Galit Schloss 37 A.D.3d 417, 829 N.Y.S.2d 230 (2007) Mastro, J.P., Santucci, Fisher and Dillon, JJ., concur. Ordered that the appeals
- [Juneau v. Juneau (Third Department 1997)](https://jdbar.com/cases/juneau/) - Joanne Juneau, Appellant, v. Alfred J. Juneau, Respondent. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT June 19, 1997, Decided June 19, 1997, Entered Juneau v. Juneau 240 A.D.2d 858; 659 N.Y.S.2d 113 COUNSEL Joanne Juneau, Latham, appellant in person. Louis-Jack Pozner, Albany, for respondent. George V. Collins III, Law Guardian, Albany, for Jennifer
- [Justino v. Justino (Second Department 1997)](https://jdbar.com/cases/justino/) - Alvaro M. Justino, Appellant, v. Maria Justino, Respondent. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT March 21, 1997, Argued April 28, 1997, Decided Justino v. Justino 238 A.D.2d 549; 657 N.Y.S.2d 79 COUNSEL: Sari M. Friedman, Commack, N.Y. (Curtis R. Exum of counsel), for appellant. Barton R. Resnicoff, Great Neck, N.Y., for respondent.
- [Kaplan v. Kaplan (Second Department 2005)](https://jdbar.com/cases/kaplan/) - David Kaplan, appellant, v Nicole Turano Kaplan, respondent SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT September 19, 2005, Decided Kaplan v. Kaplan 21 A.D.3d 993; 801 N.Y.S.2d 391 COUNSEL: Barrocas & Rieger, LLP, Commack, N.Y. (Kieth I. Rieger and Michael L. Fried of counsel), for appellant. Sheresky Aronson & Mayefsky, LLP, New York,
- [Karen PP v. Clyde QQ (Third Department 1993)](https://jdbar.com/cases/karen-clyde/) - In the Matter of Karen PP., Appellant, v. Clyde QQ., Respondent. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT October 21, 1993, Decided October 21, 1993, Entered Karen PP v. Clyde QQ 197 A.D.2d 753; 602 N.Y.S.2d 709 OPINION Cardona, J. The parties, who were never married, resided together for about a year when
- [King v King (Kings County 1986)](https://jdbar.com/cases/king/) - C**** King, Plaintiff, v. B*** King, Defendant Supreme Court of New York, Trial Term, Kings County December 11, 1986 King v. King 134 Misc. 2d 27; 509 N.Y.S.2d 751 COUNSEL Anthony S. Caronna for plaintiff. Bernard Lorge for defendant. JUDGES: Martin Schneier, J. OPINION OF THE COURT In an action for divorce based upon substantial
- [Kubiszyn v. Terex Division of Terex Corp (Fourth Department 1994)](https://jdbar.com/cases/kubiszyn-terex/) - KUBISZYN v. TEREX DIVISION OF TEREX CORP Appellate Division of the Supreme Court of New York, Fourth Department 201 A.D.2d 974 (N.Y. App. Div. 1994) Kubuszyn v. Terex Division of Terex Corp 201 A.D.2d 974 Motion for extension of time to file notice of appeal granted, and cross motion for extension of time to file
- [Lacks v. Lacks ( Court of Appeals 1976)](https://jdbar.com/cases/lacks/) - Harold G. Lacks, Respondent, v. Irene R. Lacks, Appellant Court of Appeals of New York November 17, 1976, Argued December 20, 1976, Decided Lacks v. Lacks 41 N.Y.2d 71; 359 N.E.2d 384; 390 N.Y.S.2d 875 COUNSEL Myrna Felder, New York City, for appellant. Samuel Gottlieb, Emanuel Baetich, Eugene H. Feldman and Milton Shalleck, New York
- [Leeds v. Leeds (Court of Appeals 1983)](https://jdbar.com/cases/leeds/) - Leeds v. Leeds Court of Appeals of the State of New York 1983 Leeds v. Leeds 60 N.Y.2d 641 (N.Y. 1983) On the court's own motion, appeal dismissed, without costs, upon the ground that appellant is not a party aggrieved (CPLR 5511). Motion for a stay and for a preference dismissed as academic. The case
- [Lipton v. Lipton (Supreme Court, New York County 1986)](https://jdbar.com/cases/lipton/) - Susan Lipton, Plaintiff, v. Charles Lipton, Defendant Supreme Court of New York, New York County August 22, 1986 Lipton v. Lipton 134 Misc. 2d 1076; 514 N.Y.S.2d 158 COUNSEL: Reich & Reich (Louis Reich of counsel), for plaintiff. Bernard Dworkin for defendant. JUDGES: Walter Schackman, J. OPINION OF THE COURT Plaintiff Susan Lipton and defendant
- [Lisetza v. Lisetza (Third Department 1988)](https://jdbar.com/cases/lisetza/) - Anna Lisetza, Respondent, v. Frank H. Lisetza, Appellant Supreme Court of New York, Appellate Division, Third Department January 14, 1988 Lisetza v. Lisetza 135 A.D.2d 20; 523 N.Y.S.2d 632 COUNSEL Kantrowitz & Goldhamer, P. C. (Amy Baldwin Littman and Paul B. Goldhamer of counsel), for appellant. Kalter & Kaplan (Richard J. Kaplan and Ivan Kalter
- [Litwack v. Litwack (Second Department 1997)](https://jdbar.com/cases/litwack/) - Kenneth Litwack, Appellant-Respondent, v. Frances Litwack, Respondent-Appellant. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT January 31, 1997, Argued March 31, 1997, Decided Litwack v. Litwack 237 A.D.2d 580; 655 N.Y.S.2d 613 COUNSEL: Martin S. Dorfman, Woodbury, N.Y., for appellant-respondent. Robert Rosenthal, New York, N.Y., for respondent-appellant. JUDGES: Thompson, J. P., Florio, McGinity and
- [Loy v. Loy (Fourth Department 2013)](https://jdbar.com/cases/loy/) - DEIRDRE LOY, Respondent, v. Louis L. LOY, Appellant. Appellate Division of the Supreme Court of New York, Fourth Department. July 19, 2013. Loy v. Loy 108 A.D.3d 1201, 969 N.Y.S.2d 695 (2013) Present—Smith, J.P., Peradotto, Lindley and Valentino, JJ. It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Memorandum:
- [M Entertainment v. Leydier (Court of Appeals 2009)](https://jdbar.com/cases/m-entertainment-leydier/) - M ENTERTAINMENT v. LEYDIER Court of Appeals of the State of New York 13 N.Y.3d 827 (NY. 2009) M Entertainment v. Leydier 13 N.Y.3d 827 OPINION OF THE COURT The order of the Appellate Division should be reversed, with costs, and the matter remitted to that Court for further proceedings in accordance with this memorandum.
- [Mahoney-Buntzman v. Buntzman (Court of Appeals 2009)](https://jdbar.com/cases/mahoney-buntzman/) - Patricia A. MAHONEY-BUNTZMAN, Respondent, v. Arol I. BUNTZMAN, Appellant. Court of Appeals May 07, 2009 Mahoney-Buntzman v. Buntzman 12 N.Y.3d 415, 881 N.Y.S.2d 369 Berman Bavero Frucco & Gouz PC, White Plains (Howard Leitner of counsel), and Collier, Halpern, Newberg, Nolletti & Bock, LLP, for appellant.Farrauto & Berman, Yonkers (John P. Farrauto of counsel), and
- [Majauskas v. Majauskas (Court of Appeals 1984)](https://jdbar.com/cases/majauskas/) - Henry MAJAUSKAS, Appellant-Respondent, v. Sandra MAJAUSKAS, Respondent-Appellant Court of Appeals of New York April 3, 1984. Majauskas v. Majauskas 474 N.Y.S.2d 699, 61 N.Y.2d 481, 463 N.E.2d 15 Gerald Beckerman and Diana S. Pitts, Rochester, for appellant-respondent. Mark A. Drexler, Rochester, for respondent-appellant. OPINION OF THE COURT MEYER, Judge. Vested rights in a noncontributory pension
- [Matisoff v. Dobi (Court of Appeals 1997)](https://jdbar.com/cases/matisoff-dobi/) - LOUISE MATISOFF, APPELLANT, v. STEPHEN DOBI, RESPONDENT. Court of Appeals Decided May 8, 1997 Matisoff v. Dobi 90 N.Y.2d 127, 681 N.E.2d 376, 659 N.Y.S.2d 209 Bernard E. Clair, for Appellant. Stanley D. Heisler, for Respondent. KAYE, CHIEF JUDGE: Domestic Relations Law §236B(3) states that a nuptial agreement made before or during the marriage must
- [Matter of Aho (Court of Appeals 1976)](https://jdbar.com/cases/aho/) - Matter of Aho In the Matter of Olga Aho, an Alleged Incompetent Person, Appellant. Lillian C. Rhodes et al., Respondents. Court of Appeals of the State of New York. 39 N.Y.2d 241 Argued January 16, 1976. Decided April 6, 1976. Matter of Aho 39 N.Y.2d 241 Richard C. Welden for appellant. Daniel G. Donovan and
- [McCrocklin v. McCrocklin (Second Department 1980)](https://jdbar.com/cases/mccrocklin/) - In the Matter of Donald McCrocklin, Respondent, v. Leonora McCrocklin, Appellant. Supreme Court of New York, Appellate Division, Second Department July 21, 1980 McCrocklin v. McCrocklin 77 A.D.2d 624; 430 N.Y.S.2d 320 JUDGES: Damiani, J. P., Lazer, Gibbons and O'Connor, JJ., concur. OPINION In a proceeding pursuant to article 6 of the Family Court Act,
- [McSparron v. McSparron (Court of Appeals 1995)](https://jdbar.com/cases/mcsparron/) - Hedy L. McSPARRON, Appellant, v. James G. McSPARRON, Respondent. Court of Appeals of New York Dec. 7, 1995. McSparron v. McSparron 639 N.Y.S.2d 265, 87 N.Y.2d 275, 662 N.E.2d 745 Jerome K. Frost, P.C., Troy (Joel R. Brandes and Jerome K. Frost, of counsel), for appellant. Friedman and Manning, P.C., Delmar (Michael P. Friedman and
- [Meier v. Meier (Second Department 1989)](https://jdbar.com/cases/meier/) - Kathleen Meier, Respondent, v. Ernst Meier, Appellant Supreme Court of New York, Appellate Division, Second Department Argued October 26, 1989 December 4, 1989 Meier v. Meier 156 A.D.2d 348; 548 N.Y.S.2d 301 COUNSEL Sheila O'Donnell, Cornwall, New York, for appellant. McGuirk, Levinson, Zeccola, Seaman, Reineke & Ornstein, P.C., Central Valley, New York (David L. Levinson
- [Mixon v. TBV (Second Department 2010)](https://jdbar.com/cases/mixon-tbv/) - Mixon v. TBV Appellate Division of the Supreme Court of New York, Second Department. 2010 Mixon v. TBV 76 A.D.3d 144, 2010 NY Slip Op 05521 OPINION OF THE COURT SKELOS, J.P. In this action to recover damages for personal injuries involving a rear-end collision, the substantive issue before us is whether summary judgment was
- [Mora v. Mora (Second Department 2007)](https://jdbar.com/cases/mora/) - Andrew Mora, appellant-respondent, v Theresa Mora, respondent-appellant. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT April 24, 2007, Decided Mora v. Mora 39 A.D.3d 829; 835 N.Y.S.2d 626 COUNSEL Edwin I. Gorski, New York, N.Y., for appellant-respondent. Bonnie P. Josephs, New York, N.Y., for respondent-appellant. JUDGES: HOWARD MILLER, J.P., DAVID S. RITTER, JOSEPH COVELLO,
- [Nahl v. Nahl (Third Department 1989)](https://jdbar.com/cases/nahl/) - Michael C. Nahl, Respondent, v. Mary K. Nahl, Appellant Supreme Court of New York, Appellate Division, Third Department March 30, 1989 Nahl v. Nahl 148 A.D.2d 898; 539 N.Y.S.2d 526 JUDGES: Harvey, J. Kane, J. P., Casey, Levine, Mercure and Harvey, JJ., concur. OPINION Appeal from an order and judgment of the Supreme Court (Conway,
- [Nehorayoff v. Nehorayoff (Supreme Court, Nassau County 1981)](https://jdbar.com/cases/nehorayoff/) - Violette Nehorayoff, Plaintiff, v. Andre Nehorayoff, Defendant Supreme Court of New York, Special Term, Nassau County March 23, 1981 Nehorayoff v. Nehorayoff 08 Misc. 2d 311; 437 N.Y.S.2d 584 COUNSEL Herman H. Tarnow for plaintiff. Burton G. Rudnick for defendant. JUDGES: John S. Lockman, J. OPINION OF THE COURT Having presided at what appears to
- [Newell v. Newell (Supreme Court, Queens County)](https://jdbar.com/cases/newell/) - Frances Newell, Plaintiff, v. Eugene Newell, Defendant Supreme Court of New York, Special Term, Queens County November 4, 1983 Newell v. Newell 121 Misc. 2d 586; 468 N.Y.S.2d 814 COUNSEL Bierman & Wisselman (Ira Bierman of counsel), for plaintiff. Brice H. Wilner for defendant. JUDGES: Albert H. Buschmann, J. OPINION OF THE COURT In this
- [Nicole J.R. v. Jason M.R. (Fourth Department 2011)](https://jdbar.com/cases/nicole-jason/) - Nicole J.R. v Jason M.R. In the Matter of Nicole J.R., Appellant, v Jason M.R., Respondent. Fourth Department 2011 Appellate Division, Fourth Department 2011 NY Slip Op 01201 [81 AD3d 1450] February 18, 2011 Nicole J.R. v Jason M.R. 81 AD3d 1450 Shirley A. Gorman, Brockport, for petitioner-appellant. Jason M. Raduns, respondent-respondent pro se. Charles
- [O'Brien v. O'Brien (Court of Appeals 1985)](https://jdbar.com/cases/obrien/) - Michael O'BRIEN, Respondent-Appellant, v. Loretta O'BRIEN, Appellant-Respondent. Court of Appeals of New York. Dec. 26, 1985. O'Brien v. O'Brien 498 N.Y.S.2d 743; 66 N.Y.2d 576, 489 N.E.2d 712 Albert J. Emanuelli, White Plains, for appellant-respondent. Willard H. DaSilva, Commack, and Richard J. Keidel, Malverne, for respondent-appellant. Sally Weinraub, New York City, Shirley Tolley, Larchmont, and
- [Orr v. Orr (Supreme Court of the United States, 1979)](https://jdbar.com/cases/orr/) - U.S. Supreme Court ORR v. ORR 440 U.S. 268 (1979) APPEAL FROM THE COURT OF CIVIL APPEALS OF ALABAMA No. 77-1119. Argued November 27, 1978 Decided March 5, 1979 Orr v. Orr 440 U.S. 268 (1979) BRENNAN, J., delivered the opinion of the Court, in which STEWART, WHITE, MARSHALL, BLACKMUN, and STEVENS, JJ., joined. BLACKMUN,
- [Park East v. Whalen (Court of Appeals 1976)](https://jdbar.com/cases/park-east-whalen/) - PARK EAST CORP. v. WHALEN Court of Appeals of the State of New York 38 N.Y.2d 559 (N.Y. 1976) Park East Corp. v. Whalen 38 N.Y.2d 559 MEMORANDUM. Appellant filed a notice of appeal, as of right, 36 days after the date of the denial by the Appellate Division of leave to appeal but within
- [Parochial Bus v. Board of Education City of New York](https://jdbar.com/cases/parochial-bus/) - PAROCHIAL v. BD. OF EDUC. Parochial Bus Systems, Inc., et al., Appellants, v. Board of Education of the City of New York, Respondent. Court of Appeals of the State of New York. Argued October 25, 1983. Decided December 15, 1983. PAROCHIAL v. BD. OF EDUC. 60 N.Y.2d 539 (1983) Joseph S. Rosenthal and Thomas J.
- [Pawelski v. Bucholtz (Fourth Department 1983)](https://jdbar.com/cases/pawelski-bucholtz/) - Richard K. Pawelski, Respondent, v. June Buchholtz, Also Known as June Pawelski, Appellant Supreme Court of New York Appellate Division, Fourth Department January 31, 1983 Pawelski v. Buchholtz 91 A.D.2d 1200; 459 N.Y.S.2d 190 JUDGES: Hancock, Jr., J. P., Denman, Boomer and Schnepp, JJ. OPINION Order unanimously reversed, without costs, and matter remitted to Erie
- [Peter Seitzman et al., v. Hudson River Associates (First Department 1987)](https://jdbar.com/cases/seitzman-hudson-river/) - Peter Seitzman et al., Appellants, v. Hudson River Associates, Respondent Appellate Division of the Supreme Court of the State of New York, First Department. March 24, 1987 Sietzman v. Hudson River Assoc. 126 A.D.2d 211 (1987) Jay C. Lipner of counsel (Silverstein Langer Lipner & Newburgh, attorneys), for appellants. Lee D. Unterman of counsel (Whitman
- [Plowden v. Manganiello (Supreme Court, Bronx County 1989)](https://jdbar.com/cases/plowden-manganiello/) - Beverly Plowden, as Mother and Natural Guardian of Jashane Plowden, an Infant, et al., Plaintiffs, v. Felicia Manganiello et al., Defendants. Supreme Court, Bronx County. April 24, 1989 Plowden v. Manganiello 143 Misc.2d 446 (1989) Peter L. Zimroth, Corporation Counsel (Daniel Engstrand of counsel), for City of New York, defendant. Irom & Wittels (Milton Wittels
- [Pramco III, LLC v. Partners Trust Bank (Fourth Department 2008)](https://jdbar.com/cases/pramco-partnerstrust/) - PRAMCO III, LLC v. PARTNERS TRUST BANK PRAMCO III, LLC, Appellant-Respondent, v. PARTNERS TRUST BANK, Respondent-Appellant. Appellate Division of the Supreme Court of the State of New York, Fourth Department. 52 A.D.3d 1224, 860 N.Y.S.2d 775 Decided June 6, 2008. Pramco v. Partners Trust 52 A.D.3d 1224, 860 N.Y.S.2d 775 Present — Hurlbutt, J.P., Smith,
- [Preischel v. Preischel (Fourth  Department 1993)](https://jdbar.com/cases/preischel/) - MATTER OF GARY PREISCHEL, APPELLANT, v. ELLEN PREISCHEL, RESPONDENT. SUPREME COURT OF NEW YORK APPELLATE DIVISION, FOURTH DEPARTMENT May 28, 1993, Filed Preischel v. Preischel 93 A.D.2d 1118; 598 N.Y.S.2d 642 JUDGES: PRESENT: CALLAHAN, J.P., GREEN, LAWTON, DOERR, BOOMER, JJ. OPINION Order unanimously reversed on the law without costs, objections denied and order of Hearing
- [Prichep v. Prichep (Second Department 2008)](https://jdbar.com/cases/prichep/) - Robert N. Prichep, Respondent, v Patti Bloom Prichep, Appellant. Supreme Court of New York, Appellate Division Second Department, May 6, 2008 Prichep v. Prichep 52 A.D.3d 61, 858 N.Y.S.2d 667 APPEARANCES OF COUNSEL Schlissel, Ostrow, Karabatos & Poepplein, PLLC, Commack (Joseph A. DeMarco and Stephen W. Schlissel of counsel), for appellant. Shlimbaum and Shlimbaum, Islip
- [Raviv v. Raviv (Second Department 1989)](https://jdbar.com/cases/raviv/) - Lea Raviv, Respondent-Appellant, v. Gideon Raviv, Appellant-Respondent Supreme Court of New York, Appellate Division, Second Department September 25, 1989 Raviv v. Raviv 153 A.D.2d 932; 545 N.Y.S.2d 739 JUDGES: Mollen, P.J., Thompson, Lawrence and Eiber, JJ., concur. OPINION Ordered that the judgment is modified, on the law and the facts, by (1) adding to the
- [Reinisch v. Reinisch (Second Department 1996)](https://jdbar.com/cases/reinisch/) - Fanny Reinisch, Respondent, v. Morris Reinisch, Appellant. SUPREME COURT OF NEW YORK APPELLATE DIVISION, SECOND DEPARTMENT February 29, 1996, Submitted April 22, 1996, Decided Reinisch v. Reinisch 226 A.D.2d 615; 641 N.Y.S.2d 393 JUDGES: Thompson, J. P., Sullivan, Pizzuto and McGinity, JJ., concur. OPINION: Ordered that the judgment is modified by (1) deleting the eighth
- [Retamozzo v. Quinones (First Department 2002)](https://jdbar.com/cases/retamozzo-quinones/) - RETAMOZZO v QUINONES ARMAND RETAMOZZO, Appellant, v. JASON QUINONES et al., Respondents, et al., Defendants. Appellate Division of the Supreme Court of New York, First Department. 95 A.D.3d 652, 945 N.Y.S.2d 22 Decided May 17, 2012. Retamozzo v. Quinones 95 A.D.3d 652, 945 N.Y.S.2d 22 Concur — SAXE, J.P., SWEENY, ACOSTA, FREEDMAN and ROMÁN, JJ.
- [Rhodes v. Mosher (Fourth Department 1985)](https://jdbar.com/cases/rhodes-mosher/) - Stephen A. Rhodes, Respondent, v. Carol G. Mosher et al., Appellants Appellate Division of the Supreme Court of the State of New York, Fourth Department. November 15, 1985 Rhodes v. Mosher 115 A.D.2d 351 (1985) Present — Dillon, P. J., Callahan, Denman, Boomer and Schnepp, JJ. Motion for stay denied. Memorandum: Plaintiff moves "for an
- [Roberts v. Roberts (Third Department 1986)](https://jdbar.com/cases/roberts/) - In the Matter of Dale Roberts, Appellant, v. Deborah Roberts, Respondent Supreme Court of New York Appellate Division, Third Department July 17, 1986 Roberts v. Roberts 122 A.D.2d 405; 505 N.Y.S.2d 215 JUDGES: Mahoney, P. J., Main, Casey, Weiss and Yesawich, Jr., JJ., concur OPINION Appeal from an order of the Family Court of Hamilton
- [Robertson v. Robertson (Second Department 1992)](https://jdbar.com/cases/robertson/) - Virginia Robertson, respondent-appellant, v Philip Robertson, appellant-respondent. Supreme Court of New York Appellate Division, Second Department June 22, 1992, Argued September 14, 1992, Decided Robertson v. Robertson 186 A.D.2d 124; 588 N.Y.S.2d 43 COUNSEL Rosenman & Colin, New York, N.Y. (Eleanor B. Alter, Helene Brezinsky, and Brian D. Berk of counsel), for appellant-respondent. Ellenbogen &
- [Robinson v. Fisher (Second Department 2000)](https://jdbar.com/cases/robinson-fisher/) - In the Matter of Robinson v. Fisher Appellate Division of the Supreme Court of New York, Second Department Aug 7, 2000 Robinson v. Fisher 712 N.Y.S.2d 401•275 A.D.2d 326 In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Porzio, J.),
- [Rodgers v. Rodgers (Second Department 1983)](https://jdbar.com/cases/rodgers/) - Marion Rodgers, Appellant, v. Frederick Rodgers, Respondent Supreme Court of New York Appellate Division, Second Department December 27, 1983 Rodgers v. Rodgers 98 A.D.2d 386; 470 N.Y.S.2d 401 COUNSEL Solerwitz, Solerwitz & Leeds (Lenard Leeds and Barbara Simon of counsel), for appellant. Gatz, Arnoff & Czygier (Harvey A. Arnoff of counsel), for respondent. JUDGES: Titone,
- [Rosenstiel v. Rosenstiel (Court of Appeals 1965)](https://jdbar.com/cases/rosenstiel/) - Lewis S. Rosenstiel, Appellant, v Susan L. Rosenstiel, Respondent. Susan L. Rosenstiel, Respondent, v Lewis S. Rosenstiel, Appellant. Helena A. Wood, Respondent-Appellant, v Walter A. Wood, Appellant-Respondent. Court of Appeals of New York Argued February 1, 1965 Decided July 9, 1965 Rosenstiel v. Rosenstiel 16 NY2d 64 OPINION OF THE COURT Bergan, J. The defendant
- [Royea v. Hutchings (Third Department 1999)](https://jdbar.com/cases/royea-hutchings/) - In the Matter of Dawn Royea, Appellant, v. Jason Hutchings, Respondent. Supreme Court of New York Appellate Division Third Department April 1, 1999, Decided April 1, 1999, Entered Royea v. Hutchings 260 A.D.2d 678; 687 N.Y.S.2d 455 COUNSEL Diane B. Withiam, Ithaca, for appellant. Paul N. Tavelli, Ithaca, for respondent. Robin Abrahamson Masson, Law Guardian,
- [Rubeo v. National Grange (Court of Appeals 1999)](https://jdbar.com/cases/rubeo-national-grange/) - RUBEO v. NATIONAL GRANGE THOMAS J. RUBEO, APPELLANT, v. NATIONAL GRANGE MUTUAL INSURANCE CO., RESPONDENT, ET AL., DEFENDANT. Court of Appeals 1999 93 N.Y.2d 750 (1999). Decided October 14, 1999 Rubeo v. National Grange Mutual Ins. 93 N.Y.2d 750 Philip B. Murphy, for appellant. John P. Meenagh, Jr., for respondent. KAYE, CHIEF JUDGE: The core
- [Salk v. Salk (Supreme Court, New York County 1975)](https://jdbar.com/cases/salk/) - Kerstin Salk, Plaintiff, v. Lee Salk, Defendant Supreme Court of New York, Special Term, New York County October 28, 1975 Salk v. Salk 89 Misc. 2d 883; 393 N.Y.S.2d 841 COUNSEL Dressel & Altman (Leon Appel of counsel), for plaintiff. Solomon & Solomon (Philip Solomon of counsel), for defendant. JUDGES: Guy Gilbert Ribaudo, J. OPINION
- [Salk v. Salk Affd (First Department 1976)](https://jdbar.com/cases/salk-affd/) - KERSTIN SALK, Appellant-Respondent, v LEE SALK, Respondent-Appellant. Supreme Court of New York Appellate Division, First Department June 22, 1976 Salk v. Salk 53 A.D.2d 558; 385 N.Y.S.2d 1015 OPINION Judgment, Supreme Court, New York County, entered on December 12, 1975, unanimously affirmed on the opinion of Ribaudo, J., at Special Term, without costs and without
- [Sandman v. Sandman (Second Department 1978)](https://jdbar.com/cases/sandman/) - Barbara R. Sandman, Respondent, v. Paul G. Sandman, Appellant Supreme Court of New York Appellate Division, Second Department July 31, 1978 Sandman v. Sandman 64 A.D.2d 698; 407 N.Y.S.2d 563 JUDGES: Hopkins, J. P., Martuscello, Damiani and Rabin, J., concur. OPINION In a matrimonial action, the defendant husband appeals, as limited by his notice of
- [Saunders v. Saunders (Third Department 1977)](https://jdbar.com/cases/saunders/) - In the Matter of Larry Saunders, Respondent, v. Judith Saunders, Appellant Supreme Court of New York, Appellate Division, Third Department December 15, 1977 Saunders v. Saunders 60 A.D.2d 701; 400 N.Y.S.2d 588 JUDGES: Sweeney, J. P., Kane, Mahoney, Main and Mikoll, JJ., concur. OPINION Appeal from an order of the Ulster County Family Court, entered
- [Schussler v. Schussler (Second Department 1985)](https://jdbar.com/cases/schussler/) - Eileen Schussler, Respondent-Appellant, v. George Schussler, Appellant-Respondent Supreme Court of New York Appellate Division, Second Department March 25, 1985 Schussler v. Schussler 109 A.D.2d 875; 487 N.Y.S.2d 67 JUDGES: Mangano, J. P., Brown, Rubin and Lawrence, JJ., concur. OPINION In a matrimonial action for divorce and ancillary relief, (1) the defendant husband appeals from an
- [Schwartz v. Schwartz (Second Department 2010)](https://jdbar.com/cases/schwartz/) - LISA SCHWARTZ, Respondent, v. HAROLD SCHWARTZ, Appellant. Appellate Division, Second Department Decided May 25, 2010. Schwartz v. Schwartz 73 A.D.3d 1156, 902 N.Y.S.2d 127 (2010) Concur—Dillon, J.P., Balkin, Lott and Sgroi, JJ. Ordered that the appeal is dismissed, without costs or disbursements. "It is the obligation of the appellant to assemble a proper record on
- [Scott M. v. Ilona M. (Supreme Court, Kings County 2011)](https://jdbar.com/cases/scott-ilona/) - SCOTT M, Plaintiff, v ILONA M. Defendantt. Supreme Court, Kings County January 27, 2011 Scott M. v. Ilona M. 31 Misc.3d 353 Joseph Soffey, Esq., Commack, Attorney for the Plaintiff. Juan P. Luciano, Esq., Brooklyn, Bukh & Associates, PLLC, Attorney for the Defendant. Elaine McKnight, Esq., Brooklyn, Attorney for the Child. JEFFREY S. SUNSHINE, J.
- [Sedgh v. Sedgh (Supreme Court, Nassau County 1989)](https://jdbar.com/cases/sedgh/) - Ester Sedgh, Plaintiff, v. Majid Sedgh, Defendant. Khanbaba Sedgh, Intervenor-Defendant Supreme Court of New York, Nassau County February 21, 1989 Sedgh v. Sedgh 142 Misc. 2d 931; 539 N.Y.S.2d 255 COUNSEL Majid Sedgh, defendant pro se. Ester Sedgh, plaintiff pro se. Kane, Kessler, Provjansky, Preiss & Nurnberg for intervenor-defendant. JUDGES: Allan L. Winick, J. OPINION
- [Shifer v Shifer (Second Department 2006)](https://jdbar.com/cases/shifer/) - PEARL SHIFER, Respondent, v DAVID SHIFER, Appellant. Appellate Division, Second Department March 14, 2006. Shifer v. Shifer 27 A.D.3d 549, 810 N.Y.S.2d 361 Crane, J.P., Krausman, Rivera and Dillon, JJ., concur. Ordered that the appeal from that portion of the judgment which awarded the plaintiff a divorce is dismissed; and it is further, Ordered that
- [Siegel v Obes (Second Department 1985)](https://jdbar.com/cases/siegel-obes/) - Siegel v. Obes Appellate Division of the Supreme Court of New York Second Department 112 A.D.2d 930 (N.Y. App. Div. 1985) Siegel v. Obes 112 A.D.2d 930 Motion granted and appeal dismissed, without costs or disbursements. Under CPLR 5513 (a), an appeal as of right must be taken, that is, a notice of appeal must
- [Sooy v. Sooy (Third Department 1984)](https://jdbar.com/cases/sooy/) - In the Matter of Louise E. Sooy, Respondent, v. W. Stephen Sooy, Appellant Supreme Court of New York Appellate Division, Third Department May 17, 1984 Sooy v. Sooy 101 A.D.2d 287; 475 N.Y.S.2d 920 COUNSEL: Andrew F. Capoccia, P. C., for appellant. John J. Crimmins for respondent. JUDGES: Main, J. Mahoney, P. J., Mikoll, Yesawich,
- [Stancil v Stancil (Supreme Court New York County 2015)](https://jdbar.com/cases/stancil/) - Melita Stancil, Plaintiff, v. Jimmy Stancil, Defendant Decided on February 17, 2015 Supreme Court, New York County Stancil v Stancil 2015 NY Slip Op 25045 310015/2014 For the Plaintiff Amatullah K. Booth, Esq. 244 Fifth Avenue, Suite D139 New York, NY 10001 (646) 660-0137 Pro Se Defendant Jimmy Stancil XXXX XXXX XXXX XXXX Chesapeake, VA
- [Stern v. Stern (Second Department 1985)](https://jdbar.com/cases/stern/) - Abraham M. Stern, Appellant-Respondent, v. Janet Stern, Respondent-Appellant Supreme Court of New York Appellate Division, Second Department October 15, 1985 Stern v. Stern 114 A.D.2d 408; 494 N.Y.S.2d 132 JUDGES: O'Connor, J. P., Rubin, Eiber and Kunzeman, JJ., concur. OPINION In an action for a conversion divorce (Domestic Relations Law § 170 [6]), plaintiff husband
- [Strack v. Strack (Supreme Court, Essex County, 2011)](https://jdbar.com/cases/strack/) - Judith A. Strack, Plaintiff, v Jeremiah F. Strack, Defendant. Supreme Court, Essex County, February 3, 2011 Strack v. Strack 2011 N.Y. Slip Op. at 1 APPEARANCES OF COUNSEL O'Dell & O'Dell P.C., Glens Falls (Veronica Carroza O'Dell of counsel), for defendant. Anderson & Soloski, LLP, Plattsburgh (Tina J. Soloski of counsel), for plaintiff. OPINION OF
- [Thomas J. D. v. Catharine K.D. (Second Department 1981)](https://jdbar.com/cases/thomas-jd-catharine-kd/) - THOMAS J. D., Appellant, v CATHARINE K. D., Respondent. Supreme Court of New York Appellate Division Second Department January 26, 1981 Thomas J.D. v. Catharine K.D. 79 A.D.2d 1015; 435 N.Y.S.2d 338 OPINION In a matrimonial action in which the parties were previously granted a divorce, the plaintiff husband appeals from an order of the
- [Worowski v Worowski (First Department 1983)](https://jdbar.com/cases/worowski/) - In Worowski v. Worowski, Joint custody was reversed on appeal as joint custody not favored when parents are severely antagonistic and embattled.
- [Tina X v. John X (Third Department 2013)](https://jdbar.com/cases/tina-john/) - Matter of Tina X. v John X. In the Matter of TINA X., Appellant, v JOHN X., Respondent. (And Two Other Related Proceedings.) Supreme Court of New York: Appellate Division, Third Department NY Slip Op 08876 Decided and Entered: December 3, 2015 Tina X v John X (3rd Dept. 2015) NY Slip Op 08876 Before:
- [Tropea v. Tropea (Court of Appeals 1996)](https://jdbar.com/cases/tropea/) - The Court of Appeals case of Tropea v. Tropea held that relocation of a minor child will be determined by the best interests approach.
- [Vainchenker v. Vainchenker (Second Department 1997)](https://jdbar.com/cases/vainchenker/) - In Vainchenker v. Vainchenker the husband was entitled to a reduction of child support, crediting him for any amounts he contributes towards room and board for college.
- [Walczak v. Walczak (Fourth Department 1994)](https://jdbar.com/cases/walczak/) - In Walczak v. Walczak an award of equitable distribution was reversed when the grounds for the divorce were also reversed.
- [Williams v. Boger (Third Department 2006)](https://jdbar.com/cases/williams-boger/) - In Williams v Boger, it was incorrect to have a joint custody order granting one parent final decision making authority.
- [Zaikowski v Monzon (Second Department 2010)](https://jdbar.com/cases/zaikowski-monzon/) - In Zaikowski v. Monzon the Appellant failed to order and settle the transcripts and the appeal was dismissed.
- [22 NYCRR 670: Second Department Rules of Practice](https://jdbar.com/statutes/22-nycrr-670/) - Supreme Court of the State of New York Appellate Division: Second Judicial Department Part 670 Rules of Practice Part 670 Rules of Practice in the Second Department 670.1 General Provisions and Definitions (a) Practice Rules of the Appellate Division This Part serves as a supplement to, and should be read in conjunction with, the Practice
- [22 NYCRR 600: First Department Rules of Practice](https://jdbar.com/statutes/22-nycrr-600/) - 22 NYCRR 600 Rules of Procedure for the First Department Supreme Court of New York, Appellate Division Part 600 First Department § 600.1 General Provisions and Definitions (a) Practice Rules of the Appellate Division This Part serves as a supplement to, and should be read in conjunction with, the Practice Rules of the Appellate Division
- [CPLR 5525: Preparation and settlement of transcript; statement in lieu of transcript.](https://jdbar.com/statutes/cplr-5525/) - Civil Practice Laws & Rules 5525 CPLR 5525: Preparation and settlement of transcript; statement in lieu of transcript. CPLR 5525 Preparation and settlement of transcript; statement in lieu of transcript (a) Preparation of transcript. Where a stenographic record of the proceedings is made, the appellant, within the time for taking the appeal, shall serve upon
- [Hartog v. Hartog (Court of Appeals 1995)](https://jdbar.com/cases/hartog/) - Katherine Hartog, Appellant, v. Albert Hartog, Respondent COURT OF APPEALS OF NEW YORK January 11, 1995, Argued February 14, 1995, Decided Hartog v. Hartog 85 N.Y.2d 36; 647 N.E.2d 749; 623 N.Y.S.2d 537 COUNSEL: Squadron Ellenoff Plesent Sheinfeld & Sorkin, New York City (Stanley Plesent, Neal M. Goldman and Stanley D. Heisler of counsel), for
- [Hatz v. Hatz (Third Department 1983)](https://jdbar.com/cases/hatz/) - Linda V. Hatz, Respondent, v. Henry Hatz, Appellant Supreme Court of New York, Appellate Division, Third Department October 20, 1983 Hatz v. Hatz 97 A.D.2d 629; 468 N.Y.S.2d 943 JUDGES: Mahoney, P. J., Main, Mikoll, Yesawich, Jr., and Levine, JJ., concur. OPINION Appeal from an order of the Family Court of Rensselaer County (Dixon, J.),
- [Larkin-King v. King (Second Department 1990)](https://jdbar.com/cases/larkin-king/) - MATTER OF LARKIN-KING v. KING Appellate Division of the Supreme Court of New York, Second Department 159 A.D.2d 626 (N.Y. App. Div. 1990) Matter of Larkin-King v. King 159 A.D.2d 626 Ordered that the appeal is dismissed, without costs or disbursements. The order on appeal clearly states that it was rendered pursuant to a stipulation
- [Walden v. Walden (Second Department 1985)](https://jdbar.com/cases/walden/) - In Walden v. Walden, the Court held that a Custody stipulation may only be modified when the totality of the circumstances are in the best interests of the children.
- [CPLR 2103: Service of papers](https://jdbar.com/statutes/cplr-2103/) - Civil Practice Laws and Rules 2103 CPLR 2103: Service of papers CPLR 2103 Service of papers (a) Who can serve. Except where otherwise prescribed by law or order of court, papers may be served by any person not a party of the age of eighteen years or over. (b) Upon an attorney. Except where otherwise prescribed by
- [CPLR 2215: Relief demanded by other than the moving party](https://jdbar.com/statutes/cplr-2215/) - Civil Practice Law & Rules 2215 CPLR 2215: Relief demanded by other than the moving party CPLR 2215 Relief demanded by other than the moving party Relief demanded by other than moving party. At least three days prior to the time at which the motion is noticed to be heard, or seven days prior to
- [CPLR 3011: Kinds of pleadings](https://jdbar.com/statutes/cplr-3011/) - Civil Practice Laws & Rules 3011 CPLR 3011: Kinds of pleadings CPLR 3011 Kinds of pleadings There shall be a complaint and an answer. An answer may include a counterclaim against a plaintiff and a cross-claim against a defendant. A defendant's pleading against another claimant is an interpleader complaint, or against any other person not
- [CPLR 3014: Statements](https://jdbar.com/statutes/cplr-3014/) - Civil Practice Law & Rules Rule 3014 CPLR 3014: Statements CPLR Rule 3014 Statements Every pleading shall consist of plain and concise statements in consecutively numbered paragraphs. Each paragraph shall contain, as far as practicable, a single allegation. Reference to and incorporation of allegations may subsequently be by number. Prior statements in a pleading shall
- [CPLR 3016(c): Pleadings in Specific Actions](https://jdbar.com/statutes/cplr-3016-c/) - Civil Practice Law & Rules 3016(c) CPLR 3016(c): Pleadings in Specific Actions CPLR 3016(c) Pleadings in Specific Actions (c) Separation or divorce. In an action for separation or divorce, the nature and circumstances of a party's alleged misconduct, if any, and the time and place of each act complained of, if any, shall be specified
- [CPLR 3018: Responsive pleadings](https://jdbar.com/statutes/cplr-3018/) - Civil Practice Law & Rules 3018 CPLR 3018: Responsive pleadings CPLR 3018 Responsive pleadings (a) Denials. A party shall deny those statements known or believed by him to be untrue. He shall specify those statements as to the truth of which he lacks knowledge or information sufficient to form a belief and this shall have
- [CPLR 3019: Counterclaims and cross-claims](https://jdbar.com/statutes/cplr-3019/) - Civil Practice Law & Rules 3019 CPLR 3019: Counterclaims and cross-claims CPLR 3019 Counterclaims and cross-claims (a) Subject of counterclaims. A counterclaim may be any cause of action in favor of one or more defendants or a person whom a defendant represents against one or more plaintiffs, a person whom a plaintiff represents or a
- [CPLR 3020: Verification](https://jdbar.com/statutes/cplr-3020/) - Civil Practice Law & Rules 3020 CPLR 3020: Verification CPLR 3020 Verification (a) Generally. A verification is a statement under oath that the pleading is true to the knowledge of the deponent, except as to matters alleged on information and belief, and that as to those matters he believes it to be true. Unless otherwise
- [CPLR 3021: Form of affidavit of verification](https://jdbar.com/statutes/cplr-3021/) - Civil Practice Law & Rules Rule 3021 CPLR 3021: Form of affidavit of verification CPLR Rule 3021 Form of affidavit of verification The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and
- [CPLR 3026: Construction](https://jdbar.com/statutes/cplr-3026/) - Civil Practice Law & Rules 3026 CPLR 3026: Construction CPLR 3026 Construction Pleadings shall be liberally construed. Defects shall be ignored if a substantial right of a party is not prejudiced. This section of the Civil Practice Law and Rules is provided as part of a free educational service by J. Douglas Barics, attorney at
- [CPLR 304: Method of commencing action or special proceeding](https://jdbar.com/statutes/cplr-304/) - Civil Practice Laws & Rules 304 CPLR 304: Method of commencing action or special proceeding CPLR 304 Method of commencing action or special proceeding An action is commenced by filing a summons and complaint or summons with notice. A special proceeding is commenced by filing a petition. Where a court finds that circumstances prevent immediate
- [CPLR 306: Proof of service](https://jdbar.com/statutes/cplr-306/) - Civil Practice Law & Rules 306 CPLR 306: Proof of service CPLR 306 Proof of service (a) Generally. Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the
- [CPLR 306-a: Index number in an action commenced in supreme or county court](https://jdbar.com/statutes/cplr-306-a/) - Civil Practice Law & Rules 306-a CPLR 306-a: Index number in an action commenced in supreme or county court CPLR 306-a Index number in an action commenced in supreme or county court (a) Upon filing the summons and complaint, summons with notice or petition in an action or proceeding commenced in supreme or county court,
- [CPLR 306-b Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause](https://jdbar.com/statutes/cplr-306-b/) - Civil Practice Law & Rules 306-b CPLR 306-b Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause CPLR 306-b Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition
- [CPLR 308: Personal service upon a natural person](https://jdbar.com/statutes/cplr-308/) - Civil Practice Law & Rules 308 CPLR 308: Personal service upon a natural person CPLR 308 Personal service upon a natural person Personal service upon a natural person shall be made by any of the following methods: 1. by delivering the summons within the state to the person to be served; or 2. by delivering
- [CPLR 3101: Scope of disclosure](https://jdbar.com/statutes/cplr-3101/) - Civil Practice Law & Rules 3101 CPLR 3101: Scope of disclosure CPLR 3101 Scope of disclosure (a) Generally. There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof, by: (1) a party, or the officer, director, member, agent or
- [CPLR 3110: Where the deposition is to be taken within the state](https://jdbar.com/statutes/cplr-3110/) - Civil Practice Law & Rules 3110 CPLR 3110: Where the deposition is to be taken within the state CPLR 3110 Where the deposition is to be taken within the state Where the deposition is to be taken within the state. A deposition within the state on notice shall be taken: 1. when the person to
- [CPLR 3111: Production of things at the examination](https://jdbar.com/statutes/cplr-3111/) - Civil Practice Law & Rules 3111 CPLR 3111: Production of things at the examination CPLR 3111 Production of things at the examination Production of things at the examination. The notice or subpoena may require the production of books, papers and other things in the possession, custody or control of the person to be examined to
- [CPLR 3112: Errors in notice for taking depositions](https://jdbar.com/statutes/cplr-3112/) - Civil Practice Law & Rules 3112 CPLR 3112: Errors in notice for taking depositions CPLR 3112 Errors in notice for taking depositions Errors in notice for taking depositions. All errors and irregularities in the notice for taking a deposition are waived unless at least three days before the time for taking the deposition written objection
- [CPLR 3113: Conduct of examination](https://jdbar.com/statutes/cplr-3113/) - Civil Practice Law & Rules 3113 CPLR 3113: Conduct of examination CPLR 3113 Conduct of examination (a) Persons before whom depositions may be taken. Depositions may be taken before any of the following persons except an attorney, or employee of an attorney, for a party or prospective party and except a person who would be
- [CPLR 3114: Examination of witness who does not understand the English language](https://jdbar.com/statutes/cplr-3114/) - Civil Practice Law & Rules 3114 CPLR 3114: Examination of witness who does not understand the English language CPLR 3114 Examination of witness who does not understand the English language. If the witness to be examined does not understand the English language, the examining party must, at his own expense, provide a translation of all
- [CPLR 3115: Objections to qualification of person taking deposition, competency, questions and answers](https://jdbar.com/statutes/cplr-3115/) - Civil Practice Law & Rules 3115 CPLR 3115: Objections to qualification of person taking deposition, competency, questions and answers CPLR 3115 Objections to qualification of person taking deposition; competency; questions and answers (a) Objection when deposition offered in evidence. Subject to the other provisions of this rule, objection may be made at the trial or
- [CPLR 3116: Signing deposition, physical preparation, copies](https://jdbar.com/statutes/cplr-3116/) - Civil Practice Law & Rules 3116 CPLR 3116: Signing deposition, physical preparation, copies CPLR 3116 Signing deposition; physical preparation; copies (a) Signing. The deposition shall be submitted to the witness for examination and shall be read to or by him or her, and any changes in form or substance which the witness desires to make
- [CPLR 3117: Use of Depositions](https://jdbar.com/statutes/cplr-3117/) - Civil Practice Law & Rules 3117 CPLR 3117: Use of Depositions CPLR 3117 Use of depositions (a) Impeachment of witnesses; parties; unavailable witness. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be
- [CPLR 3124: Failure to disclose; motion to compel](https://jdbar.com/statutes/cplr-3124/) - Civil Practice Law & Rules 3124 CPLR 3124: Failure to disclose; motion to compel CPLR 3124 Failure to disclose; motion to compel disclosure If a person fails to respond to or comply with any request, notice, interrogatory, demand, question or order under this article, except a notice to admit under section 3123, the party seeking
- [CPLR 3125: Place where motion to compel disclosure made](https://jdbar.com/statutes/cplr-3125/) - Civil Practice Law & Rules 3125 CPLR 3125: Place where motion to compel disclosure made CPLR 3125 Place where motion to compel disclosure made Unless otherwise provided by rule of the chief administrator of the courts, the county in which a deposition is being taken or an examination or inspection is being sought may be
- [CPLR 3126: Penalties for refusal to comply with order or to disclose](https://jdbar.com/statutes/cplr-3126/) - Civil Practice Law & Rules 3126 CPLR 3126: Penalties for refusal to comply with order or to disclose CPLR 3126 Penalties for refusal to comply If any party, or a person who at the time a deposition is taken or an examination or inspection is made is an officer, director, member, employee or agent of
- [CPLR 3130: Use of Interrogatories](https://jdbar.com/statutes/cplr-3130/) - Civil Practice Law & Rules 3130 CPLR 3130: Use of Interrogatories CPLR 3130 Use of interrogatories 1. Except as otherwise provided herein, after commencement of an action, any party may serve upon any other party written interrogatories. Except in a matrimonial action, a party may not serve written interrogatories on another party and also demand
- [CPLR 3131: Scope of interrogatories](https://jdbar.com/statutes/cplr-3131/) - Civil Practice Law & Rules 3131 CPLR 3131: Scope of interrogatories CPLR 3131 Scope of interrogatories Interrogatories may relate to any matters embraced in the disclosure requirement of section 3101 and the answers may be used to the same extent as the depositions of a party. Interrogatories may require copies of such papers, documents or
- [CPLR 3132: Service of interrogatories](https://jdbar.com/statutes/cplr-3132/) - Civil Practice Law & Rules 3132 CPLR 3132: Service of interrogatories CPLR 3132 Service of interrogatories After commencement of an action, any party may serve written interrogatories upon any other party. Interrogatories may not be served upon a defendant before that defendant's time for serving a responsive pleading has expired, except by leave of court
- [CPLR 3133: Service of answers or objections to interrogatories](https://jdbar.com/statutes/cplr-3133/) - Civil Practice Law & Rules 3133 CPLR 3133: Service of answers or objections to interrogatories CPLR 3133 Service of answers or objections to interrogatories. (a) Service of an answer or objection. Within twenty days after service of interrogatories, the party upon whom they are served shall serve upon each of the parties a copy of
- [CPLR 3211: Motion to dismiss](https://jdbar.com/statutes/cplr-3211/) - Civil Practice Law & Rules 3211 CPLR 3211: Motion to dismiss CPLR 3211 Motion to dismiss (a) Motion to dismiss cause of action. A party may move for judgment dismissing one or more causes of action asserted against him on the ground that: 1. a defense is founded upon documentary evidence; or 2. the court
- [CPLR 3212: Motion for summary judgment](https://jdbar.com/statutes/cplr-3212/) - Civil Practice Law & Rules 3212 CPLR 3212: Motion for summary judgment CPLR 3212 Motion for summary judgment (a) Time; kind of action. Any party may move for summary judgment in any action, after issue has been joined; provided however, that the court may set a date after which no such motion may be made,
- [CPLR 5015: Relief from judgment or order](https://jdbar.com/statutes/cplr-5015/) - Civil Practice Law & Rules 5015 CPLR 5015: Relief from judgment or order CPLR 5015 Relief from judgment or order (a) On motion. The court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such notice as the
- [CPLR 4502: Spouse](https://jdbar.com/statutes/cplr-4502/) - Civil Practice Law & Rules 4502 CPLR 4502: Spouse CPLR 4502 Spouse (a) Incompetency where issue adultery. A husband or wife is not competent to testify against the other in an action founded upon adultery, except to prove the marriage, disprove the adultery, or disprove a defense after evidence has been introduced tending to prove
- [CPLR 5501: Scope of review](https://jdbar.com/statutes/cplr-5501/) - Civil Practice Law & Rules 5501 CPLR 5501: Scope of review CPLR 5501 Scope of review (a) Generally, from final judgment. An appeal from a final judgment brings up for review: 1. any non-final judgment or order which necessarily affects the final judgment, including any which was adverse to the respondent on the appeal from
- [CPLR 5511: Permissible appellant and respondent](https://jdbar.com/statutes/cplr-5511/) - Civil Practice Law & Rules 5511 CPLR 5511: Permissible appellant and respondent CPLR 5511 Permissible appellant and respondent An aggrieved party or a person substituted for him may appeal from any appealable judgment or order except one entered upon the default of the aggrieved party. He shall be designated as the appellant and the adverse
- [CPLR 5512: Appealable paper; entry of order made of court](https://jdbar.com/statutes/cplr-5512/) - Civil Practice Law & Rules 5512 CPLR 5512: Appealable paper; entry of order made of court CPLR 5512 Appealable paper; entry of order made out of court (a) Appealable paper. An initial appeal shall be taken from the judgment or order of the court of original instance and an appeal seeking review of an appellate
- [CPLR 5513: Time to take appeal, cross-appeal or move for permission to appeal](https://jdbar.com/statutes/cplr-5513/) - Civil Practice Law & Rules 5513 CPLR 5513: Time to take appeal, cross-appeal or move for permission to appeal CPLR 5513 Time to take appeal, cross-appeal or move for permission to appeal (a) Time to take appeal as of right. An appeal as of right must be taken within thirty days after service by a
- [CPLR 5514: Extension of time to take appeal or to move for permission to appeal](https://jdbar.com/statutes/cplr-5514/) - Civil Practice Law & Rules 5514 CPLR 5514: Extension of time to take appeal or to move for permission to appeal CPLR 5514 Extension of time to take appeal or to move for permission to appeal (a) Alternate method of appeal. If an appeal is taken or a motion for permission to appeal is made
- [CPLR 5515: Taking an appeal; notice of appeal](https://jdbar.com/statutes/cplr-5515/) - Civil Practice Law & Rules 5515 CPLR 5515: Taking an appeal; notice of appeal CPLR 5515 Taking an appeal; notice of appeal 1. An appeal shall be taken by serving on the adverse party a notice of appeal and filing it in the office where the judgment or order of the court of original instance
- [CPLR 5516: Motion for permission to appeal](https://jdbar.com/statutes/cplr-5516/) - Civil Practice Law & Rules 5516 CPLR 5516: Motion for permission to appeal CPLR 5516 Motion for permission to appeal A motion for permission to appeal shall be noticed to be heard at a motion day at least eight days and not more than fifteen days after notice of the motion is served, unless there
- [CPLR 5517: Subsequent orders.](https://jdbar.com/statutes/cplr-5517/) - Civil Practice Law & Rules 5517 CPLR 5517: Subsequent orders. CPLR 5517 Subsequent orders (a) Appeal not affected by certain subsequent orders. An appeal shall not be affected by: 1. the granting of a motion for reargument or the granting of an order upon reargument making the same or substantially the same determination as is
- [CPLR 5518: Preliminary injunction or temporary restraining order by appellate division.](https://jdbar.com/statutes/cplr-5518/) - Civil Practice Law & Rules 5518 CPLR 5518: Preliminary injunction or temporary restraining order by appellate division. CPLR 5518 Preliminary injunction or temporary restraining order by appellate division. The appellate division may grant, modify or limit a preliminary injunction or temporary restraining order pending an appeal or determination of a motion for permission to appeal
- [CPLR 5519: Stay of enforcement](https://jdbar.com/statutes/cplr-5519/) - Civil Practice Law & Rules 5519 CPLR 5519: Stay of enforcement CPLR 5519 Stay of enforcement (a) Stay without court order. Service upon the adverse party of a notice of appeal or an affidavit of intention to move for permission to appeal stays all proceedings to enforce the judgment or order appealed from pending the
- [CPLR 5520: Omissions; appeal by improper method](https://jdbar.com/statutes/cplr-5520/) - Civil Practice Law & Rules 5520 CPLR 5520: Omissions; appeal by improper method CPLR 5520 Omissions; appeal by improper method (a) Omissions. If an appellant either serves or files a timely notice of appeal or notice of motion for permission to appeal, but neglects through mistake or excusable neglect to do another required act within
- [CPLR 5522: Disposition of appeal](https://jdbar.com/statutes/cplr-5522/) - Civil Practice Law & Rules 5522 CPLR 5522: Disposition of appeal CPLR 5522 Disposition of appeal (a) A court to which an appeal is taken may reverse, affirm, or modify, wholly or in part, any judgment, or order before it, as to any party. The court shall render a final determination or, where necessary or
- [CPLR 5526: Content and form of record on appeal](https://jdbar.com/statutes/cplr-5526/) - Civil Practice Laws & Rules 5526 CPLR 5526: Content and form of record on appeal CPLR 5526 Content and form of record on appeal The record on appeal from a final judgment shall consist of the notice of appeal, the judgment-roll, the corrected transcript of the proceedings or a statement pursuant to subdivision (d) of
- [CPLR 5527: Statement in lieu of record on appeal](https://jdbar.com/statutes/cplr-5527/) - Civil Practice Laws & Rules 5527 CPLR 5527: Statement in lieu of record on appeal CPLR 5527 Statement in lieu of record on appeal When the questions presented by an appeal can be determined without an examination of all the pleadings and proceedings, the parties may prepare and sign a statement showing how the questions
- [CPLR 5528: Contents of briefs and appendices](https://jdbar.com/statutes/cplr-5528/) - Civil Practice Laws & Rules 5528 CPLR 5528: Contents of briefs and appendices CPLR 5528 Content of briefs and appendices (a) Appellant's brief and appendix. The brief of the appellant shall contain in the following order: 1. a table of contents, which shall include the contents of the appendix, if it is not bound separately,
- [CPLR 5529: Form of briefs and appendices](https://jdbar.com/statutes/cplr-5529/) - Civil Practice Laws & Rules 5529 CPLR 5529: Form of briefs and appendices CPLR 5529 Form of briefs and appendices (a) Form of reproduction; size; paper; binding. 1. Briefs and appendices shall be reproduced by any method that produces a permanent, legible, black image on white paper. Paper shall be of a quality approved by
- [CPLR 5530: Filing records and briefs; service of briefs](https://jdbar.com/statutes/cplr-5530/) - Civil Practice Laws & Rules 5530 CPLR 5530: Filing records and briefs; service of briefs CPLR 5530 Filing record and briefs; service of briefs (a) Generally. Within twenty days after settlement of the transcript or after settlement of the statement in lieu of stenographic transcript or after approval of the statement in lieu of record,
- [CPLR 5531: Description of action](https://jdbar.com/statutes/cplr-5531/) - Civil Practice Laws & Rules 5531 CPLR 5531: Description of action CPLR 5531 Description of action The appellant shall file together with the record on appeal, in both criminal and civil actions, a statement containing the following information listed and numbered in the following order: 1. the index number of the case in the court
- [CPLR 5701: Appeals to appellate division from supreme and county courts](https://jdbar.com/statutes/cplr-5701/) - Civil Practice Law & Rules 5701 CPLR 5701: Appeals to appellate division from supreme and county courts CPLR 5701 Appeals to appellate division from supreme and county courts (a) Appeals as of right. An appeal may be taken to the appellate division as of right in an action, originating in the supreme court or a
- [CPLR 5702: Appeals to appellate division from other courts of original instance](https://jdbar.com/statutes/cplr-5702/) - Civil Practice Law & Rules 5702 CPLR 5702: Appeals to appellate division from other courts of original instance CPLR 5702 Appeals to appellate division from other courts of original instance An appeal may be taken to the appellate division from any judgment or order of a court of original instance other than the supreme court or
- [CPLR 5703: Appeals to appellate division from appellate courts](https://jdbar.com/statutes/cplr-5703/) - Civil Practice Law & Rules 5703 CPLR 5703: Appeals to appellate division from appellate courts CPLR 5703 Appeals to appellate division from appellate courts (a) From appellate terms. An appeal may be taken to the appellate division, from an order of the appellate term which determines an appeal from a judgment or order of a
- [DRL 236 B: Equitable Distribution, Maintenance, Child Support](https://jdbar.com/statutes/drl-236-b/) - DRL 236 B is the equitable distribution law. It provides for the division of marital property and maintenance. Special requirements for matrimonial agreements are found in section 3.
- [DRL 234: Title to or occupancy and possession of property](https://jdbar.com/statutes/drl-234/) - Domestic Relations Law 234 DRL 234: Title to or occupancy and possession of property DRL 234 Title to or occupancy and possession of property In any action for divorce, for a separation, for an annulment or to declare the nullity of a void marriage, the court may (1) determine any question as to the title
- [DRL 237: Counsel fees and expenses](https://jdbar.com/statutes/drl-237/) - Domestic Relations Law 237 DRL 237: Counsel fees and expenses DRL 237 Counsel fees and expenses (a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to declare the validity or nullity
- [DRL 238: Expenses in enforcement proceedings](https://jdbar.com/statutes/drl-238/) - Domestic Relations Law 238 DRL 238: Expenses in enforcement proceedings Domestic Relations Law 238 Expenses in enforcement and modification proceedings In any action or proceeding to enforce or modify any provision of a judgment or order entered in an action for divorce, separation, annulment, declaration of nullity of a void marriage, declaration of validity or
- [DRL 240-a: Judgment or decree; additional provision](https://jdbar.com/statutes/drl-240-a/) - Domestic Relations Law Section 240-a DRL 240-a: Judgment or decree; additional provision DRL 240-a Judgment or decree; additional provision In any action or proceeding brought under the provisions of this chapter wherein all or part of the relief granted is divorce or annulment of a marriage any interlocutory or final judgment or decree shall contain,
- [DRL 240-b: Order of support by parent](https://jdbar.com/statutes/drl-240-b/) - Domestic Relations Law Section 240-b DRL 240-b: Order of support by parent DRL 240-b Order of support by parent When the court makes an order of support pursuant to section two hundred forty of this article, and where permitted under federal law and where the record of the proceedings contains such information, the court shall
- [DRL 240-c: Review and cost of living adjustment of child support orders](https://jdbar.com/statutes/drl-240-c/) - Domestic Relations Law Section 240-c DRL 240-c: Review and cost of living adjustment of child support orders Domestic Relations Law Section 240-c Review and cost of living adjustment of child support orders 1. Request. Any party to a child support order issued on behalf of a child in receipt of public assistance, or child support
- [DRL 241: Interference with or withholding of visitation rights;  alimony or maintenance suspension](https://jdbar.com/statutes/drl-241/) - Domestic Relations Law 241 DRL 241: Interference with or withholding of visitation rights; alimony or maintenance suspension DRL 241 Interference with or withholding of visitation rights; alimony or maintenance suspension When it appears to the satisfaction of the court that a custodial parent receiving alimony or maintenance pursuant to an order, judgment or decree of
- [DRL 243: Security for payments by defendant in action for divorce, separation or annulment;  sequestration](https://jdbar.com/statutes/drl-243/) - Domestic Relations Law 243 DRL 243: Security for payments by defendant in action for divorce, separation or annulment; sequestration DRL 243 Security for payments by defendant in action for divorce, separation or annulment; sequestration Where a judgment rendered or an order made in an action in this state for divorce, separation or annulment, or for
- [DRL 240: Custody and child support; orders of protection](https://jdbar.com/statutes/drl-240/) - Domestic Relations Law 240 DRL 240: Custody and child support; orders of protection Domestic Relations Law 240 Custody and child support; orders of protection (no heading) (a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for
- [DRL 244: Enforcement by execution of judgment or order in action for divorce, separation or annulment](https://jdbar.com/statutes/drl-244/) - Domestic Relations Law 244 DRL 244: Enforcement by execution of judgment or order in action for divorce, separation or annulment DRL 244 Enforcement by execution of judgment or order in action for divorce, separation or annulment Where a spouse in an action for divorce, separation or annulment, or declaration of nullity of a void marriage,
- [DRL 244-a: Enforcement of arrears which accrue during pendency of an enforcement proceeding](https://jdbar.com/statutes/drl-244-a/) - Domestic Relations Law 244-a DRL 244-a: Enforcement of arrears which accrue during pendency of an enforcement proceeding DRL 244-a Enforcement of arrears which accrue during pendency of an enforcement proceeding In any proceeding for enforcement of payment of any sum of money as required by judgment or order the party seeking enforcement may amend the
- [DRL 244-b: Child support proceedings and enforcement of arrears;  suspension of driving privileges](https://jdbar.com/statutes/drl-244-b/) - Domestic Relations Law 244-b DRL 244-b: Child support proceedings and enforcement of arrears; suspension of driving privileges DRL 244-b Child support proceedings and enforcement of arrears; suspension of driving privileges (a) In any proceeding for the enforcement of a direction or agreement, incorporated in a judgment or order, to pay any sum of money as child
- [DRL 244-c: Child support proceedings and enforcement of arrears;  suspensions of state professional, occupational and business licenses](https://jdbar.com/statutes/drl-244-c/) - Domestic Relations Law 244-c DRL 244-c: Child support proceedings and enforcement of arrears; suspensions of state professional, occupational and business licenses DRL 244-c Child support proceedings and enforcement of arrears; suspensions of state professional, occupational and business licenses (a) In any proceeding for enforcement of a direction or agreement, incorporated in a judgement or order, to
- [DRL 244-d: Child support proceedings and enforcement of arrears;  suspension of recreational license](https://jdbar.com/statutes/drl-244-d/) - Domestic Relations Law 244-d DRL 244-d: Child support proceedings and enforcement of arrears; suspension of recreational license DRL 244-d Child support proceedings and enforcement of arrears; suspension of recreational license (a) In any proceeding for enforcement of a direction or agreement, incorporated in a judgement or order, to pay any sum of money as child support
- [DRL 245: Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment](https://jdbar.com/statutes/drl-245/) - Domestic Relations Law 245 DRL 245: Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment DRL 245 Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment Where a spouse, in an action for divorce, separation, annulment or declaration of nullity of a void
- [DRL 246: Persons financially unable to comply with orders or judgments directing the payment of alimony](https://jdbar.com/statutes/drl-246/) - Domestic Relations Law 246 DRL 246: Persons financially unable to comply with orders or judgments directing the payment of alimony DRL 246 Persons financially unable to comply with orders or judgments directing the payment of alimony 1. Any person who, by an order or judgment made or entered in an action for divorce, separation, annulment or
- [DRL 247: Alimony or maintenance payments suspended during confinement in prison](https://jdbar.com/statutes/drl-247/) - Domestic Relations Law 247 DRL 247: Alimony or maintenance payments suspended during confinement in prison DRL 247 Alimony or maintenance payments suspended during confinement in prison Notwithstanding any inconsistent provision of this article, the provision of any judgment or order rendered or made in an action for divorce, separation, annulment or declaration of nullity of
- [DRL 250: Agreements relating to marriage;  statute of limitations](https://jdbar.com/statutes/drl-250/) - Domestic Relations Law 250 DRL 250: Agreements relating to marriage; statute of limitations DRL 250 Agreements relating to marriage; statute of limitations 1. The statute of limitations for commencing an action or proceeding or for claiming a defense that arises from an agreement made pursuant to subdivision three of part B of section two hundred thirty-six
- [DRL 251: Filing of order in family court](https://jdbar.com/statutes/drl-251/) - Domestic Relations Law 251 DRL 251: Filing of order in family court DRL 251 Filing of order in family court When, in a matrimonial action, the supreme court refers the issues of support, custody or visitation to the family court, the order or judgment shall provide that a copy thereof shall be filed by the
- [DRL 252: Effect of pendency of action for divorce, separation or annulment on petition for order of protection](https://jdbar.com/statutes/drl-252/) - Domestic Relations Law 252 DRL 252: Effect of pendency of action for divorce, separation or annulment on petition for order of protection DRL 252 Effect of pendency of action for divorce, separation or annulment on petition for order of protection 1. In an action for divorce, separation or annulment or in an action to declare the
- [DRL 254: Confidentiality](https://jdbar.com/statutes/drl-254/) - Domestic Relations Law 254 DRL 254: Confidentiality DRL 254 Confidentiality 1. Notwithstanding any other provision of law, in any proceeding for custody, divorce, separation or annulment, whether or not an order of protection or temporary order of protection is sought or has been sought in the past, the court may, upon its own motion or upon
- [FCA 1024: Emergency removal without court order](https://jdbar.com/statutes/fca-1024/) - Family Court Act 1024 FCA 1024: Emergency removal without court order Family Court Act 1024 Emergency removal without court order (a) A peace officer, acting pursuant to his or her special duties, police officer, or a law enforcement official, or a designated employee of a city or county department of social services shall take all
- [FCA 1027: Hearing and preliminary orders after filing of petition](https://jdbar.com/statutes/fca-1027/) - Family Court Act 1027 FCA 1027 Hearing and preliminary orders after filing of petition Family Court Act 1027 Hearing and preliminary orders after filing of petition (a) (i) In any case where the child has been removed without court order or where there has been a hearing pursuant to section one thousand twenty-two of this
- [CPLR 2221: Motion affecting prior order](https://jdbar.com/statutes/cplr-2221/) - Civil Practice Law & Rules Rule 2221 CPLR: 2221: Motion affecting prior order CPLR Rule 2221 Motion affecting prior order (a) A motion for leave to renew or to reargue a prior motion, for leave to appeal from, or to stay, vacate or modify, an order shall be made, on notice, to the judge who
- [CPLR 2214: Motion papers service; time](https://jdbar.com/statutes/cplr-2214/) - Civil Practice Law & Rules 2214 CPLR 2214: Motion papers service; time CPLR 2214 Motion papers; service; time (a) Notice of motion. A notice of motion shall specify the time and place of the hearing on the motion, the supporting papers upon which the motion is based, the relief demanded and the grounds therefor. Relief
- [CPLR 2201: Stay](https://jdbar.com/statutes/cplr-2201/) - Civil Practice Law & Rules 2201 CPLR 2201: Stay CPLR 2201 Stay Except where otherwise prescribed by law, the court in which an action is pending may grant a stay of proceedings in a proper case, upon such terms as may be just. This section of the Civil Practice Law and Rules is provided as
- [FCA 1028: Application to return child temporarily removed](https://jdbar.com/statutes/fca-1028/) - Family Court Act 1028 FCA 1028: Application to return child temporarily removed Family Court Act 1028 Application to return child temporarily removed (a) Upon the application of the parent or other person legally responsible for the care of a child temporarily removed under this part or upon the application of the law guardian for an
- [DRL 230: Required residence of parties](https://jdbar.com/statutes/drl-230/) - Domestic Relations Law 230 DRL 230: Required residence of parties DRL 230 Required residence of parties An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when: 1. The parties were married in the state and either party is a resident
- [DRL 232: Notice of nature of matrimonial action; proof of service](https://jdbar.com/statutes/drl-232/) - Domestic Relations Law 232 DRL 232: Notice of nature of matrimonial action; proof of service DRL 232 Notice of nature of matrimonial action; proof of service. a. In an action to annul a marriage or for divorce or for separation, if the complaint is not personally served with the summons, the summons shall have legibly
- [DRL 221: Procedure](https://jdbar.com/statutes/drl-221/) - Domestic Relations Law 221 DRL 221: Dissolution of Marriage on Ground of Absence DRL 221 Dissolution of Marriage on Ground of Absence Procedure. The petition shall allege that the husband or wife of such party has absented himself or herself for five successive years then last past without being known to such party to be
- [DRL 170: Action for divorce](https://jdbar.com/statutes/drl-170/) - Domestic Relations Law Section 170 DRL 170: Action for divorce DRL 170 Action for divorce An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds: (1) The cruel and inhuman treatment of the plaintiff by the
- [DRL 10-A: Parties to a marriage](https://jdbar.com/statutes/drl-10-a/) - Domestic Relations Law 10-A DRL 10-A: Parties to a marriage DRL 10-A Parties to a marriage 1. A marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex. 2. No government treatment or legal status, effect, right, benefit, privilege, protection or responsibility
- [DRL 10-B: Religious exception](https://jdbar.com/statutes/drl-10-b/) - Domestic Relations Law 10-B DRL 10-B: Religious exception DRL 10-B Religious exception 1. Notwithstanding any state, local or municipal law, rule, regulation, ordinance, or other provision of law to the contrary, a religious entity as defined under the education law or section two of the religious corporations law, or a corporation incorporated under the benevolent
- [DRL 10: Marriage is a civil contract](https://jdbar.com/statutes/drl-10/) - Domestic Relations Law 10 DRL 10: Marriage is a civil contract DRL 10 Marriage a civil contract Marriage, so far as its validity in law is concerned, continues to be a civil contract, to which the consent of parties capable in law of making a contract is essential. This section of the Domestic Relations Law
- [DRL 11: By whom a marriage must be solemnized](https://jdbar.com/statutes/drl-11/) - Domestic Relations Law 11 DRL 11: By whom a marriage must be solemnized DRL 11 By whom a marriage must be solemnized No marriage shall be valid unless solemnized by either: 1. A clergyman or minister of any religion, or by the senior leader, or any of the other leaders, of The Society for Ethical
- [DRL 13: Marriage Licenses](https://jdbar.com/statutes/drl-13/) - Domestic Relations Law 13 DRL 13: Marriage Licenses DRL 13 Marriage Licenses It shall be necessary for all persons intended to be married in New York state to obtain a marriage license from a town or city clerk in New York state and to deliver said license, within sixty days, to the clergyman or magistrate
- [DRL 140: Action for judgment declaring nullity of void marriages or annulling voidable marriage](https://jdbar.com/statutes/drl-140/) - Domestic Relations Law 140 DRL 140: Action for judgment declaring nullity of void marriages or annulling voidable marriage DRL 140 Action for judgment declaring nullity of void marriages or annulling voidable marriage (a) Former husband or wife living. An action to declare the nullity of a void marriage upon the ground that the former husband
- [DRL 141: Action to annul marriage on ground of incurable mental illness for five years](https://jdbar.com/statutes/drl-141/) - Domestic Relations Law 141 DRL 141: Action to annul marriage on ground of incurable mental illness for five years DRL 141 Action to annul marriage on ground of incurable mental illness for five years 1. If the marriage be annulled on the ground of the mental illness of a spouse, the court may include in
- [DRL 142: Dismissal of complaint in action by next friend to annul a marriage](https://jdbar.com/statutes/drl-142/) - Domestic Relations Law 142 DRL 142: Dismissal of complaint in action by next friend to annul a marriage DRL 142 Dismissal of complaint in action by next friend to annul a marriage Where the next friend of an infant, mentally retarded person or mentally ill person maintains an action annulling a marriage, the court may
- [DRL 143: Jury trial](https://jdbar.com/statutes/drl-143/) - Domestic Relations Law 143 DRL 143: Jury trial DRL 143 Jury trial In an action to annul a marriage, except where it is founded upon an allegation of the physical incapacity of one of the parties thereto, there is a right to trial by a jury of all the issues of fact. This section of
- [DRL 144: Proof required](https://jdbar.com/statutes/drl-144/) - Domestic Relations Law 144 DRL 144: Proof required DRL 144 Proof required 1. In an action to annul a marriage, a final judgment annulling the marriage shall not be rendered by default for want of an appearance or pleading, or by consent, or upon a trial of an issue, without proof of the facts upon
- [DRL 146: Judgment, how far conclusive](https://jdbar.com/statutes/drl-146/) - Domestic Relations Law 146 DRL 146: Judgment, how far conclusive DRL 146 Judgment, how far conclusive A final judgment, annulling a marriage rendered during the lifetime of both the parties is conclusive evidence of the invalidity of the marriage in every court of record or not of record, in any action or special proceeding, civil
- [DRL 15-a: Marriages of minors under fourteen years of age](https://jdbar.com/statutes/drl-15-a/) - Domestic Relations Law 15-a DRL 15-a: Marriages of minors under fourteen years of age DRL 15-a Marriages of minors under fourteen years of age Any marriage in which either party is under the age of fourteen years is hereby prohibited. Any town or city clerk who shall knowingly issue a marriage license to any persons,
- [DRL 220: Dissolution of Marriage on Ground of Absence](https://jdbar.com/statutes/drl-220/) - Domestic Relations Law 220 DRL 220: Dissolution of Marriage on Ground of Absence Special proceeding to dissolve marriage on the ground of absence DRL 220 Dissolution of Marriage on Ground of Absence Special proceeding to dissolve marriage on the ground of absence A special proceeding to dissolve a marriage on the ground of absence may
- [DRL 171: When divorce denied, although adultery proved](https://jdbar.com/statutes/drl-171/) - Domestic Relations Law 171 DRL 171: When divorce denied, although adultery proved DRL 171 When divorce denied, although adultery proved In either of the following cases, the plaintiff is not entitled to a divorce, although the adultery is established: 1. Where the offense was committed by the procurement or with the connivance of the plaintiff.
- [DRL 173: Jury trial](https://jdbar.com/statutes/drl-173/) - Domestic Relations Law 173 DRL 173: Jury trial DRL 173 Jury trial In an action for divorce there is a right to trial by jury of the issues of the grounds for granting the divorce. This section of the Domestic Relations Law is provided as part of a free educational service by J. Douglas Barics,
- [DRL 200: Action for Separation](https://jdbar.com/statutes/drl-200/) - Domestic Relations Law 200 DRL 200: Action for Separation DRL 200 Action for Separation An action may be maintained by a husband or wife against the other party to the marriage to procure a judgment separating the parties from bed and board, forever, or for a limited time, for any of the following causes: 1.
- [DRL 210: Limitations on actions for divorce and separation](https://jdbar.com/statutes/drl-210/) - Domestic Relations Law 210 DRL 210: Limitations on actions for divorce and separation DRL 210 Limitations on actions for divorce and separation No action for divorce or separation may be maintained on a ground which arose more than five years before the date of the commencement of that action for divorce or separation except where:
- [DRL 211: Special Provisions Relation to Divorce and Separation: Pleadings, proof and motions](https://jdbar.com/statutes/drl-211/) - Domestic Relations Law 211 DRL 211: Special Provisions Relation to Divorce and Separation: Pleadings, proof and motions DRL 211 Special Provisions Relation to Divorce and Separation: Pleadings, proof and motions A matrimonial action shall be commenced by the filing of a summons with the notice designated in section two hundred thirty-two of this chapter, or
- [DRL 248: Modification of judgment or order in action for divorce or annulment](https://jdbar.com/statutes/drl-248/) - Domestic Relations Law 248 DRL 248: Modification of judgment or order in action for divorce or annulment Domestic Relations Law 248 Modification of judgment or order in action for divorce or annulment Where an action for divorce or for annulment or for a declaration of the nullity of a void marriage is brought by a
- [DRL 253: Removal of barriers to remarriage](https://jdbar.com/statutes/drl-253/) - Domestic Relations Law 253 DRL 253: Removal of barriers to remarriage Domestic Relations Law 253 Removal of barriers to remarriage 1. This section applies only to a marriage solemnized in this state or in any other jurisdiction by a person specified in subdivision one of section eleven of this chapter. 2. Any party to a
- [DRL 255: Prerequisites for judgments under articles nine, ten and eleven](https://jdbar.com/statutes/drl-255/) - Domestic Relations Law 255 DRL 255: Prerequisites for judgments under articles nine, ten and eleven DRL 255: Prerequisites for judgments under articles nine, ten and eleven of this chapter; health care coverage A court, prior to signing a judgment of divorce or separation, or a judgment annulling a marriage or declaring the nullity of a
- [DRL 7: Voidable marriages](https://jdbar.com/statutes/drl-7/) - Domestic Relations Law 7 DRL 7: Voidable marriages DRL 7 Voidable marriages A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto: 1. Is under the age of legal consent, which is eighteen years, provided that such nonage shall not of itself constitute an
- [DRL 70: Habeas corpus for child detained by parent](https://jdbar.com/statutes/drl-70/) - Domestic Relations Law 70 DRL 70: Habeas corpus for child detained by parent DRL 70 Habeas corpus for child detained by parent (a) Where a minor child is residing within this state, either parent may apply to the supreme court for a writ of habeas corpus to have such minor child brought before such court;
- [DRL 72: Special proceeding or habeas corpus to obtain visitation rights or custody in respect to certain infant grandchildren](https://jdbar.com/statutes/drl-72/) - Domestic Relations Law 72 DRL 72: Special proceeding or habeas corpus to obtain visitation rights or custody in respect to certain infant grandchildren. DRL 72 Special proceeding or habeas corpus to obtain visitation rights or custody in respect to certain infant grandchildren. 1. Where either or both of the parents of a minor child, residing
- [DRL 75 - UCCJEA: Short title and statement of legislative intent](https://jdbar.com/statutes/drl-75/) - Uniform Child Custody Jurisdiction and Enforcement Act Domestic Relations Law 75 UCCJEA DRL 75: Short title and statement of legislative intent DRL 75: UCCJEA TITLE I Title I: General Provisions Section 75. Short title and statement of legislative intent. S 75. Short title and statement of legislative intent. 1. This article may be cited as
- [DRL 76 - UCCJEA: Jurisdiction](https://jdbar.com/statutes/drl-76/) - Uniform Child Custody Jurisdiction and Enforcement Act Domestic Relations Law 76 UCCJEA DRL 76: Jurisdiction DRL 76: UCCJEA TITLE II Title II: Jurisdiction S 76. Initial child custody jurisdiction. 1. Except as otherwise provided in section seventy-six-c of this title, a court of this state has jurisdiction to make an initial child custody determination only
- [DRL 77 - UCCJEA: Enforcement](https://jdbar.com/statutes/drl-77/) - Uniform Child Custody Jurisdiction and Enforcement Act Domestic Relations Law 77 UCCJEA DRL 77: Enforcement DRL 77: UCCJEA TITLE III Title III: Enforcement Section 77. Definitions. S 77. Definitions. As used in this title: 1. "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on
- [DRL 78-a - UCCJEA: Severability clause](https://jdbar.com/statutes/drl-78-a/) - Uniform Child Custody Jurisdiction and Enforcement Act Domestic Relations Law 78-a UCCJEA DRL 78-a: Severability clause DRL 78-a. Severability clause. Title IV: Miscellaneous Provisions S 78-a. Severability clause. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of
- [DRL 78 - UCCJEA: Application and Construction](https://jdbar.com/statutes/drl-78/) - Uniform Child Custody Jurisdiction and Enforcement Act Domestic Relations Law 78 UCCJEA DRL 78: Application and Construction DRL 78. Application and Construction Title IV: Miscellaneous Provisions S 78. Application and construction. In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject
- [FCA 1045: Definition of "dispositional hearing"](https://jdbar.com/statutes/fca-1045/) - Family Court Act 1045 FCA 1045: Definition of "dispositional hearing" Family Court Act 1045 Definition of "dispositional hearing" When used in this article, "dispositional hearing" means a hearing to determine what order of disposition should be made. This section of the Family Court Act is provided as part of a free educational service by J.
- [FCA 1044: Definition of "fact-finding hearing"](https://jdbar.com/statutes/fca-1044/) - Family Court Act 1044 FCA 1044: Definition of "fact-finding hearing" Family Court Act 1044 Definition of "fact-finding hearing" When used in this article, "fact-finding hearing" means a hearing to determine whether the child is an abused or neglected child as defined by this article. This section of the Family Court Act is provided as part
- [FCA 1046: Evidence](https://jdbar.com/statutes/fca-1046/) - Family Court Act 1046 FCA 1046: Evidence Family Court Act 1046 Evidence (a) In any hearing under this article (i) proof of the abuse or neglect of one child shall be admissible evidence on the issue of the abuse or neglect of any other child of, or the legal responsibility of, the respondent; and (ii)
- [FCA 1111: Appeals to appellate division](https://jdbar.com/statutes/fca-1111/) - Family Court Act 1111 FCA 1111: Appeals to appellate division FCA 1111 Appeals to appellate division An appeal may be taken to the appellate division of the supreme court of the judicial department in which the family court whose order is appealed from is located. This section of the Family Court Act is provided as
- [FCA 1112: Appealable orders](https://jdbar.com/statutes/fca-1112/) - Family Court Act 1112 FCA 1112: Appealable orders FCA 1112 Appealable orders a. An appeal may be taken as of right from any order of disposition and, in the discretion of the appropriate appellate division, from any other order under this act. An appeal from an intermediate or final order in a case involving abuse
- [FCA 1113: Time of appeal](https://jdbar.com/statutes/fca-1113/) - Family Court Act 1113 FCA 1113: Time of appeal FCA 1113 Time of appeal An appeal under this article must be taken no later than thirty days after the service by a party or the child's attorney upon the appellant of any order from which the appeal is taken, thirty days from receipt of the
- [FCA 1114: Effect of appeal;  stay](https://jdbar.com/statutes/fca-1114/) - Family Court Act 1114 FCA 1114: Effect of appeal; stay Family Court Act 1114 Effect of appeal; stay (a) The timely filing of a notice of appeal under this article does not stay the order from which the appeal is taken. (b) Except as provided in subdivision (d) of this section, a justice of the appellate division
- [FCA 1115: Notices of appeal](https://jdbar.com/statutes/fca-1115/) - Family Court Act 1115 FCA 1115: Notices of appeal Family Court Act 1115 Notices of appeal An appeal as of right shall be taken by filing the original notice of appeal with the clerk of the family court in which the order was made and from which the appeal is taken. A notice of appeal
- [FCA 1116: Printed case and brief not required](https://jdbar.com/statutes/fca-1116/) - Family Court Act 1116 FCA 1116: Printed case and brief not required Family Court Act 1116 Printed case and brief not required In appeals under this article, a printed case on appeal or a printed brief shall not be required. This section of the Family Court Act is provided as part of a free educational
- [FCA 1117: Costs](https://jdbar.com/statutes/fca-1117/) - Family Court Act 1117 Costs Family Court Act 1117 Costs When costs and disbursements on an appeal in a proceeding instituted by a social services official are awarded to the respondent, they shall be a county charge and be paid by the county. This section of the Family Court Act is provided as part of
- [FCA 1118: Applicability of civil practice law and rules](https://jdbar.com/statutes/fca-1118/) - Family Court Act 1118 FCA 1118: Applicability of civil practice law and rules FCA 1118 Applicability of civil practice law and rules The provisions of the civil practice law and rules apply where appropriate to appeals under this article, provided, however, that the fees required by section eight thousand twenty-two of the civil practice law and
- [FCA 412: Married person's duty to support spouse](https://jdbar.com/statutes/fca-412/) - Family Court Act 412 FCA 412: Married person's duty to support spouse Family Court Act 412 Married person's duty to support spouse Married person's duty to support spouse. 1. A married person is chargeable with the support of his or her spouse and, except where the parties have entered into an agreement pursuant to section
- [FCA 415: Duties to support recipient of public assistance or welfare and patients in institutions in the department of mental hygiene](https://jdbar.com/statutes/fca-415/) - Family Court Act 415 FCA 415: Duties to support recipient of public assistance or welfare and patients in institutions in the department of mental hygiene Family Court Act 415 Duties to support recipient of public assistance or welfare and patients in institutions in the department of mental hygiene Except as otherwise provided by law, the
- [FCA 413-a: Review and cost of living adjustment for child support orders](https://jdbar.com/statutes/fca-413-a/) - Family Court Act 413-a FCA 413-a: Review and cost of living adjustment for child support orders Family Court Act 413-a Review and cost of living adjustment for child support orders. 1. Request. Any party to a child support order issued on behalf of a child in receipt of public assistance, or child support enforcement services
- [FCA 461: Duty to support child after separation agreement, separation, or termination of marriage](https://jdbar.com/statutes/fca-461/) - Family Court Act 461 FCA 461: Duty to support child after separation agreement, separation, or termination of marriage Family Court Act 461 Duty to support child after separation agreement, separation, or termination of marriage (a) A separation agreement, a decree of separation, and a final decree or judgment terminating a marriage relationship does not eliminate
- [FCA 812: Procedures for family offense proceedings](https://jdbar.com/statutes/fca-812/) - Family Court Act 812 FCA 812: Procedures for family offense proceedings Family Court Act 812 Procedures for family offense proceedings 1. Jurisdiction. The family court and the criminal courts shall have concurrent jurisdiction over any proceeding concerning acts which would constitute disorderly conduct, harassment in the first degree, harassment in the second degree, aggravated harassment
- [FCA 841: Orders of Disposition](https://jdbar.com/statutes/fca-841/) - Family Court Act 841 FCA 841: Orders of Disposition Family Court Act 841 Orders of Disposition At the conclusion of a dispositional hearing under this article, the court may enter an order: (a) dismissing the petition, if the allegations of the petition are not established; or (b) suspending judgment for a period not in excess
- [FCA 842: Order of Protection](https://jdbar.com/statutes/fca-842/) - Family Court Act 842 FCA 842: Order of Protection Family Court Act 842 Order of protection An order of protection under section eight hundred forty-one of this part shall set forth reasonable conditions of behavior to be observed for a period not in excess of two years by the petitioner or respondent or for a
- [PKPA: Parental Kidnapping Prevention Act](https://jdbar.com/statutes/pkpa/) - PARENTAL KIDNAPING PREVENTION ACT (PKPA) Public Law 96-611 96th Congress 28 USC 1738A PKPA 28 USC 1738A (a) The appropriate authorities of every State shall enforce according to its terms, and shall not modify except as provided in subsection (f) of this section, any child custody determination made consistently with the provisions of this section
- [EPTL 4-1.1: Descent and distribution of a decedent's estate](https://jdbar.com/statutes/eptl-4-1-1/) - Estates, Powers, and Trusts Law 4-1.1 EPTL 4-1.1: Descent and distribution of a decedent's estate EPTL 4-1.1 Descent and distribution of a decedent's estate The property of a decedent not disposed of by will shall be distributed as provided in this section. In computing said distribution, debts, administration expenses and reasonable funeral expenses shall be
- [EPTL 5-1.3: Revocatory effect of marriage after execution of will](https://jdbar.com/statutes/eptl-5-1-3/) - Estate, Powers and Trusts Law 5-1.3 EPTL 5-1.3 Revocatory effect of marriage after execution of will EPTL 5-1.3 Revocatory effect of marriage after execution of will (a) If the testator leaves a will executed prior to September first, nineteen hundred thirty and marries at any time after such will was executed, the spouse who survives such
- [EPTL 5-1.2: Disqualification as surviving spouse](https://jdbar.com/statutes/eplt-5-1-2/) - Estates, Powers, and Trusts Law 5-1.2 EPTL 5-1.2: Disqualification as surviving spouse EPTL 5-1.2 Disqualification as surviving spouse A husband or wife is a surviving spouse within the meaning, and for the purposes of 4-1.1, 5-1.1, 5-1.1-A, 5-1.3, 5-3.1 and 5-4.4, unless it is established satisfactorily to the court having jurisdiction of the action or

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