Lawyers Manual - Unified Court System

Notes
Matrimonial Actions 235
1. Domestic Relations Law § 236(b); § 240.
2. Domestic Relations Law § 240(3); § 252.
3. Domestic Relations Law § 170.
4. Domestic Relations Law § 170(1).
5. Care should be taken when alleging that the abuse occurred in the presence
of minor children. While such an allegation strengthens the cause of action
and will be a consideration in a custody dispute, it could also prompt the
judge to instigate a child welfare investigation that could end in a finding of
neglect based on her failure to protect her children within the meaning of
child protection laws. However, as will be discussed in more detail later in
this article, Supreme Court justices are far less likely than Family Court
judges to instigate such an investigation.
6. Meier v Meier, 156 AD2d 348 (2d Dept 1989), appeal dismissed, 75 NY2d
946 (1990).
7. Brady v Brady, 64 NY2d 339 (1985).
8. Domestic Relations Law § 170(2).
9. Figueroa v Figueroa, 66 Misc 2d 257 (Sup Ct, Queens County, 1971).
10. See also Maryon v Maryon, 60 AD2d 623 (2d Dept 1977) (“In an undefended
matrimonial action there is no requirement that the plaintiff must negate any
defense which might possibly have been raised by the defendant”).
11. Jeffrey v Jeffrey, 172 AD2d 719 (2d Dept 1991).
12. Ahmed v Ahmed, 180 Misc 2d 394 (Sup Ct, Nassau County, 1999); Roofeh v
Roofeh, 138 Misc 2d 889 (Sup Ct, Nassau County, 1988).
13. Arlyn T. v Harold T., 107 Misc 2d 672 (Fam Ct, NY County, 1981).
14. Ahmed, 180 Misc 2d 394; Roofeh, 138 Misc 2d 889.
15. Peters v Peters, 100 AD2d 900 (2d Dept 1984).
16. Family Court Act § 842.
17. Family Court Act §§ 841 and 842.
18. Domestic Relations Law § 234.