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State Courts -
New York - January 31, 2006
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Matter of Alfredo H., 2004-10031, 2004-10032, 2004-10033, (Docket Nos. E-1625/04, D-21240-02/04A, D-9942-03/04A),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: Juvenile delinquency decisions were affirmed, as the trial court providently exercised its discretion in ordering a restrictive placement with the New York State Office of Children and Family Services (OCFS) upon a finding that the juvenile committed a designated felony act (N.Y. Fam. Ct. Act § 353.5), and he was properly placed with the OCFS.
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Matter of Bronstein-Becher v. Becher, 2004-11005, 2004-11006, 2004-11007,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: Father could not use written psychiatric records to rebut mother's showing that he had failed to pay child support. Since they were not kept as a matter of routine, but contained his psychiatrist's opinions, they were not admissible as business records under N.Y. C.P.L.R. 4518.
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Matter of Damien P. C. v. Jennifer H. S., 7357- 7357A,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 31, 2006, Decided , January 31, 2006, Entered
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Overview: Where both parents had flouted court orders and undermined each other in their children's eyes, it was appropriate to order an updated evaluation by a neutral expert to see if there had been any changes in the year since a previous evaluation.
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Matter of Gboizo v. NY Div. of Hous. & Community Renewal, 102820/05,
SUPREME COURT OF NEW YORK, NEW YORK COUNTY, January 31, 2006, Decided
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Overview: State division of housing and community renewal improperly deprived sublessor of right to present evidence on lack of wilfulness in an overassessment of rent proceeding; to the extent New York City, N.Y., Rent Stabilization Code § 2525.6(b), deprived a sublessor of that right, it was invalid under New York City, N.Y,. Admin. Code § 26-516.
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Matter of Joseph S., 2004-00154,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: Because a decedent was deemed incapacitated pursuant to N.Y. Mental Hyg. Law § 81.02(b), the trial court properly annulled his marriage to the wife; however, because the co-guardians did not seek to revoke the decedent's wills, the executor and the wife were not given adequate notice or an opportunity to be heard with regard to such relief.
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