Lawyers Manual - Unified Court System

96 Jill M. Zuccardy
Notes
Portions of this article are modified from Lauren Shapiro and Linda Holmes,
Representing Domestic Violence Victims in Neglect Proceedings, Lawyer’s
Manual on Domestic Violence: Representing the Victim, eds Julie A. Domonkos
and Jill Laurie Goodman (3d ed 2000) and the brief filed with the New York
State Court of Appeals in Nicholson v Scoppetta, 3 NY3d 357 (2004), prepared
by Jill Zuccardy, Carolyn Kubitschek and David Lansner.
1. 3 NY3d 357 (2004).
2. In re Lonell J., 242 AD2d 58 (1st Dept 1998).
3. Matter of Tali W., 299 AD2d 413 (2d Dept 2002); In re H/R Children,
302 AD2d 288 (1st Dept 2003); Matter of Dominique A., 307 AD2d 888
(1st Dept 2003). But see e.g. In re Deandre T., 253 AD2d 497 (2d Dept
1998); Matter of Michael G., 300 AD2d 1144 (4th Dept. 2002).
4. 3 NY3d 357 (2004).
5. The New York Court of Appeals chose to denominate the case Nicholson v
Scoppetta while the federal court’s decisions were issued under the names
Nicholson v Williams and In re Nicholson.
6. 203 F Supp 2d 153 (EDNY 2002).
7. In New York City, the preliminary injunction in Nicholson provided, among
other things, that ACS may not remove the child from the battered mother
solely or primarily because of domestic violence except under very limited
circumstances. In re Nicholson, 181 F Supp 2d 182 (EDNY 2002).
Although the injunction expired on December 31, 2004, ACS is bound by
the principles of law underlying the injunction and an attorney who suspects
that ACS has violated the law as set forth in Nicholson should contact class
counsel immediately.
8. E.g. Matter of Rebecca KK, 19 AD 3d 763 (3d Dept 2005); Matter of Eryck
N, 17 AD 3d 723 (3d Dept 2005); Matter of Daniel GG, 17 A.D.2d 722 (3d
Dept 2005); Matter of Ravern H, 15 A.D.2d 991 (4th Dept 2005). But see
Matter of Paul U, 12 AD 3d 969 (3d Dept 2005) (neglect finding upheld
because respondent placed child with father despite orders of protection).
9. E.g. Matter of Richard T, 12 AD 3d 986 (3d Dept 2004); Matter of Karissa
NN, 19 AD 3d 766 (3d Dept 2005); Matter of Michael WW, 20 AD 3d 609
(3d Dept 2005).