Articles Posted in Domestic Violence
Adams, J.P., Skelos, Fisher and Covello, JJ., concur.
Respondent lived in Arkansas
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2006 NY Slip Op 52580(U)
IN THE MATTER OF M.N., M.H., J.H., T.W., C.H., and N.H., Children Under Eighteen Years of Age Alleged to be Severely Abused and Neglected by J.H. and M.H.S., Respondents.
New York City Housing Authority
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2004 NY Slip Op 30307(U)
In the Matter of the Application of GWENDA GATES, Petitioner,
ORDERED that the amended judgment is modified
The first point raised is easily determined
he plaintiff and the defendant were married in 1955
The determination to award exclusive occupancy of realty, even where the criminal court cannot liquidate and divide the asset (see, Kahn v. Kahn, 43 N.Y.2d 203, 401 N.Y.S.2d 47, 371 N.E.2d 809; Brady v. Brady, supra ), remains dependent upon the circumstances of each case (see, Domestic Relations Law § 234). It is nonetheless evident that the tension often occurring when spouses remain in the same household while divorce litigation is pending and with which the dissent is concerned is no less likely to arise where the parties have not resided together for a considerable length of time and one of them, although desirous of legally ending the marriage, was unsuccessful in doing so. As our dissenting colleague notes, domestic strife did not necessitate the original departure of
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