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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.
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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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.
