In matrimonial actions and proceedings in the Supreme Court, orders of every kind have been the subject of reargument motions.1 Motions for leave to reargue have also been made in every type of family court proceeding,2 although they have been deemed inappropriate in certain situations.3 Application of CPLR 2221(d) “A motion pursuant to CPLR 2221(d) or (e) … Continued
Recent Legislation New bill could eliminate need to notarize affidavits A new bill that would eliminate the need for notarizing affidavits has passed the state Senate and Assembly and, if signed into law, could dramatically alter the practice of matrimonial law. The bill, S5162/A5772, would allow parties to submit their affidavits with an affirmation as … Continued
Editorial Comment Matter of Celinette H.H. v. Michelle R., 2023 NY Slip Op. 05303 (decided on October 19, 2023) After prolonged delay of more than two years, including delay caused by the pandemic, the court of appeals reverses the trial and appellate courts to determine that an existing custody order is not a condition for … Continued
The New York State Courts Electronic Filing System (NYSCEF)1 permits the service and filing of litigation papers with the county clerk or the court by a registered user, by electronic means (e-filing) on its website at www.nycourts.gov/efile.2 The electronic filing system reduces the stress associated with many aspects of the matrimonial practice. A case can be commenced … Continued
In the fall 2018 issue of this publication, I explored the issue of egregious conduct as it did (or did not) impact equitable distribution and spousal support. (See Marital Fault: Redefining Egregious Conduct in The 21st Century).1 This standard has been impacted by the 2020 amendment to § 236B(5)(d) of the Domestic Relations Law and two cases … Continued
This fall, tens of thousands of freshmen headed off to campus for the first time. If they are children of intact families, there have no doubt been discussions as to which college expenses parents will pay and who will pay them. But what of children of divorce? Who is responsible for paying their tuition, room, … Continued
Editorial Comment SF v. JS, 2023 NY Slip Op. 51033(U), Sup. Ct. N.Y. Co. (September 26, 2023, Chesler, J.) The court denied the husband’s motion to dismiss the action and granted summary judgment to the wife. The husband asserted that the parties were never validly married despite a religious ceremony. The marriage was deemed valid … Continued
Editorial Comment Matter of Laura E. v. John D., 216 A.D.3d 1274 (3d Dep’t 2023). In a determination of custody modification regarding a transgender child, the court affirmed the Family Court and addressed the deterioration in the parties’ communication and the breakdown in the relationship between the father and the child. The father had issues with … Continued
Editorial Comment Eyon G. v. Monica G., 2023 N.Y. Slip Op. 23296 (Sup.Ct. Kings Co., September 28, 2023, Sunshine, J.) The court sanctioned the husband and vacated a default judgment of divorce due to the husband’s commission of fraud. The husband willfully and falsely asserted that he had no children in order to obtain a … Continued