Articles Posted in Domestic Violence

2011 NY Slip Op 52316

Russell B. Jenkins, Plaintiff(s),

v.

A.L. was diagnosed with low muscle tone at two months old. Mother took A.L. to physical therapy several days per week until she was approximately three years old. Physical therapy continued until A.L. was five or six years old. The condition eventually resolved. Mother credibly testified that A.L.’s current physical health is excellent. A.L. has attended private school since kindergarten. She is in the sixth grade at St. Joseph Hill Academy. A.L. started attending St. Joseph Hill Academy in the second grade. She attended Notre Dame Academy for kindergarten and first grade.

Mother returned to work part time at the VA Hospital when A.L. was seven years old. Mother continues to work one day per week on Fridays from 9 a.m. to 5:30 p.m. Occasionally, when available, Mother works additional days and shifts during the week. Mother earns $52.00 per hour. Mother’s parents stay with A.L. when Mother is working. A.L. is very close with her maternal grandparents and extended family.

In 2003, Mother was diagnosed with breast cancer. From 2003 through 2008, she was treated at the New York University Cancer Center. Father accompanied Mother to many of her treatments. Mother’s parents assisted with child care. Mother is currently in good physical health. She also credibly testified that she does not have any mental health issues.

Continue reading

Page 357

689 N.Y.S.2d 357

180 Misc.2d 394, 1999 N.Y. Slip Op. 99,178

2012 NY Slip Op 50447

R.L., Plaintiff,

v.

Continue reading

95 N.Y.2d 368

740 N.E.2d 1075

718 N.Y.S.2d 1

Page 1

2006 NY Slip Op 51490(U)

BETH M., Plaintiff,

Page 936

625 N.Y.S.2d 936

214 A.D.2d 641

Page 724

550 N.Y.S.2d 724

157 A.D.2d 822

Page 999

296 N.Y.S.2d 999

58 Misc.2d 803

In order to determine whether OCSE is entitled to a protective order denying the disclosure of cancelled check records and financial data, the court should consider the same factors that would be considered on a motion for the issuance of a subpoenas duces tecum. As such, the movant must first satisfy the threshold requirement that the disclosure sought is “material and necessary,” whether the request is directed to a party or non-party (see CPLR §3101[a](1); [a][4]). The plaintiff claims the documents are necessary because the defendant denies receipt of the monies, and therefore, copies of the cancelled checks prove actual receipt so that they can proceed with their action to reclaim the alleged overpayment of child support. Generally, disclosure in New York civil actions is guided by the principle of “full disclosure of all matter material and necessary in the prosecution or defense of an action” (CPLR §3101(a)). The phrase “material and necessary” is “to be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for criminal trial by sharpening the issues and reducing delay and prolixity. The test is one of “usefulness and reason”(Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]). The plaintiff’s need for the cancelled checks appears colorable under this standard because whether or not the funds were actually received is germane to the claim the plaintiff is pressing upon this court. Therefore the first prong of the standard set forth under CPLR § 3101(a)(4) appears to be satisfied.

Where a request for discovery from a nonparty is challenged solely on the ground that it exceeds the permissible scope of matters material and necessary in the prosecution or defense of the action, a motion to quash is properly denied if that threshold requirement is satisfied (see Samide v Roman Catholic Diocese of Brooklyn, 16 AD3d 482, 483, [2d Dept. 2005) or properly

Page 3

Continue reading