Appeals

Law Office of Bruce A. Young

646-775-8994

Appeals

Law Office of Bruce A Young Provides Comprehensive Appellate Advocacy.

Client's and Attorneys who do not handle appeals have benefited from YOUNG'S successful Appeals practice for the past 30 years. 646-775-8994

Appeals

SIGNIFICANT DECISIONS
Hill v. City of New York, 45 F. 3d 653 - Court of Appeals, 2nd Circuit 1995 RARE exception to prosecutorial immunity by Manhattan DA 42 USC 1983 cited more than 300 times in federal courts. Videotaped evidence exonerating parent in child sexual abuse Criminal Prosecution. Damages against Manhattan District Attorney awarded NYNewsday 12/8/93, Judge Sprizzo granted plaintiff’s right to sue Manhattan District Attorney. New York Law Journal front page 2nd Circuit Court of Appeals denying Manhattan District Attorney claims of absolute liability. National Lawyers Guild.
Vega v. Fox, 2006 457 F.Supp.2d 172 (2006) claims of state action 42 USC1983 against privagte entity permitted plaintiff's federal claim to proceed for personal injuries dmages in foster care group home Constitutional Tort
Daniel H. ex rel. Hardaway H. v. City of New York, 115 F. Supp. 2d 423 -USDC,SDNY (2000)
upheld father and son’s right to sue City for failure to notify parent child was in ACS custody in foster care during neglect proceeding. NYTimes Page 1.
CIVIL
Seetaram, et al., v State of New York (Claim No. 120054) 2014-10092 (2nd Dept 2017) pending Claimant seeks to reverse summary judgment that denied wrongful death claim from drowning at Jones Beach operation.
Eloise Jordan et. al. v. Eldorado Homes, Inc., 2008 CA 1992. Florida Circuit Court Tenth Circuit, and appeal in Second District Court of Appeal. Appellant plaintiff deceased mother Wrongful death against multiple municipal and construction defendants settled in medication Appealed summary judgment dismissing wrongful death claim in Florida

B.N. Realty Assoc. v Lichtenstein 96 AD3d 434 (1stDept2012) Complex appeal arising from Real estate litigation. Modification and remand for trial.
Kazdan V. Merlis 174 A.D.2d 711 (2nd Dept. 1991) Reversed Default Judgment arising from real estate transaction.

Divorce Property Rights:
Capurso v Capurso 134 AD3d 974 (2nd Dept 2015) Reversed Suffolk County Trial Court that denied wife any marital property and remanded for new trial which resulted in award of maintenance and pension rights and liquidation of all debt.
Rottinghaus v. Sambrato, Circuit Court, Second Circuit complex matrimonial established separate property rights denied equitable claims. 2009
Karanja V. Karanja, 193 A.D.2d 718 (2nd Dept. 1993) Reversed Supreme Court decision that vacated default in Divorce that would have permitted equitable rights to property acquired after the Divorce was granted.
Singer v. Peters, 284 A.D.2d (1st Dep’t 2001) Reverse contempt, modify pendente lite support.
Brice v. Brice, 16 AD3d 259 (1st Dept 2005) Divorce Rare modification of pendente lite support

SUPPORT
Matter of Michael R. v Amanda R. App Div, 1st Dept 2019 NYSlipOp 06454

Reversal of Finding of Willful nonpayment of Children Support

Matter of Jennifer D. v Artise C.J. 154 AD3d 578 (1st Dept 2017) Enforcement of Child Support

Robert V.C. v Polly V.H. (1st Dept 2014) 120 AD3d 1149 Support enforcement from QDRO.
Matter of Fisherman v Zdeg 105 AD3d 566 (1st Dept 2013) Reverse support appears - remand for evidentiary hearing and downward modification of child support
Grant v. Grant, 265 A.D.2d 19 (1st Dept). Reverse and Cancel child support arrears; exception.
Singer v. Peters, 284 A.D.2d (1st Dep’t 2001) Reverse contempt, modify pendente lite support.

ATTORNEY FOR THE CHILD / Attorneys fees
Naomi C. vs Russell A., 18AD3d 213 (1st Dept 2008) Challenge procedures for child’s attorney. Child Custody Modification, Justice Lippman found Trial Court's improper questioning of the Attorney for the Child violated new Law Guardian Rules 22 NYCRR § 7.2[b]) ethical rules prohibiting "..becoming a witness in the litigation" News -NYLJ. Article

Matter of Athena H.M. v Samuel M. 143 AD3d 561 (1stDept2016) Reversed Family Court Order that denied the father’s motion to dismiss without a hearing and remanded S.L.v J.R., 27 NY3d 558 that mandates more expansive hearing requirement and discredited 2nd Dept the "adequate relevant information' standard" and moving toward a summary judgment standard for deciding cases without a hearing.
Frost v. Goldberg, 31 A.D.3d 374 (2nd Dept) Reverse allocation of law guardian fee
Frost v. Goldberg, 13 A.D.3d 409 (2nd Dept). Reverse attorney fees award

DOMESTIC VIOLENCE
Matter of Jacquelin M. v Joseph M. 2014-2015 obtained stay of custody hearing pending appellate review of family offense. Family Offense dismissal affirmed 01/26/2015 (1st Dept)124 AD3d 5342015
MATTER OF ISKRITSA O. v. Michael U., 123 AD 3d 444 (1st Dept. 2014) Affirmed dismissal of family offense - raised issues regarding subject matter jurisdiction of expansive “intimate partner” amendments to Family Offense civil means of obtaining order or protection.
Matter of Mohammad V. Mohammad, 299 A.D.2d 363 (2nd Dept 2002) Affirmed Family Court denial of motion to vacate or modify an order of protection based on newly-discovered evidence.
Matter of Martha B. v Julian P. 133 AD3d 418 (1stDept2015) Affirm Family Offense.
Barbara E v John E, 44AD3d426(1st Dep’t 2007). Modified DV Order imposed stricter exclusion order
V.C. v. H.C., (1stDep’t1999) 689 N.Y.S.2d 447, 257 A.D.2d 27 victim of domestic violence who has fled the marital home for her safety is entitled to an order of protection, should also have provided a remedy that could restore the victim to her home and exclude her abusers instead of leaving the home in the sole possession of the abusers.
In re Danta C v Tyrell C. (1stDept2015) 125 AD3d 568 Affirmed two-year order of protection, including protection of children and mother

CUSTODY
71 AD3d 465 (1st Dept 2010) unlawful delegation of judicial authority reversed and restrictions on parents international travel.
State ex rel. Barbara D. v. Francis D., 58 AD 3d, 436 (1stDept2009), 3 to 2 decision on modification of Supervised Visitation change of circumstances/ who bares burden of proof.
Matter of Shakiba, 181 A.D.2d 138 (1st Dept) 2 states competing for jurisdiction over custody where child lost in foster care resulted in City of New York losing jurisdiction to foreign state.
Matter of Renaldo R. V. Chanice R., 131 AD3d 885 (1stDept2015) UCCJEA interstate custody jurisdiction.
Matter of Jose S. v Stella T. 118 AD3d 483 (1st Dept 2014) retained jurisdiction in New York for parent seeking to restore custody against other parent whose left country with the child
Matter of Neil S. v Valynda G. 132 AD3d 422 (1st Dept2015) NYSlipOp upheld father’s custody modification of son based upon sexual abuse in mother’s household.
Jacquelin M. V Joseph M AD1st Dept 2014 Stay Custody pending reversal of Family Offense IDV
State of New York, ex rel. Barbara D. v Francis D. 58 AD3d 436 (1st Dept 2009) Habeas review of denial of hearing to modify custody / supervision
T., Leon v Marie J. 132 AD3d 602 custody modification- issues of misuse of confidentiality impacting interstate child safety study and relocation issues
Shahzada Q. Mohammad V. Abdul Q. Mohammad, 23 A.D.3d 476 (2005), 805 N.Y.S.2d 89
challenge reliance on forensic report in Custody hearing
Matter of Yuan v Sawyer 117 AD3d 961(2dDept2014) Challenge access to forensic reports and denial of evidentiary hearing on Custody modification petition . Proper role of attorney for child

NEGLECT ABUSE
Matter of Devin M. (Margaret W.) (1st Dept2014) 119 AD3d 435 mental illness negelct issues - native american rights ICWA.
Matter of D'Andre R. 137 AD3d 652 (1stDept2016) Challenged new Cross-over protocals combining Neglect with Juvenile Delinquency.
Matter of X. McC. (R.O.--D. McC.) 140 AD3d 662 (1stDept2016) father’s challenge to hearsay corroboration obtained at ACS safety conference without right to counsel as basis for sexual abuse finding and derivative findings
Matter of Lucy T. (Luz M.) 125 AD3d 466 (1stDept 2015) Sexual Abuse, derivative abuse issues.
Matter of Tristen O. (Shanee S.) 125 AD3d 525 ACD procedures in neglect
Matter of Melvin R. v Luisanny A. 128 AD3d 538 (1stDept2015) father’s custody from ACS
Matter of Naqi T. (Marlena S. (1st Dept2015) 129 AD3d 444
N, Wadner v Marlena S. N-7894112 (Pet/Res) father/ non-respondent right to custody
Matter of In the
Matter of CLARENCE S., JR., perfected App Div, 1st Dept, pending November 2015 Term Father seeks to reverse neglect finding.
Matter of Nadia S. (Ron S.) 138 AD3d 526 (1stDept2016)

JUVENILE DELINQUENCY
Matter of D'Andre R. 137 AD3d 652 (1stDept2016) Sexual abuse charge challenging new procedure for crossover cases with ACS violates rights,
Matter of Jonathan W. (1st Dept 2015) 125 AD3d 410 Appeal review of sexual assault juvenile delinquency.

TERMINATION OF PARENTAL RIGHTS (TPR)
Matter of Patrick L 179 AD2d 220 (1st Dept) rare reversal of Termination of Parental Rights restored custody to mother.
Matter of Tiara J. (Anthony Lamont A.) 06/17/2014 App Div, 1st Dept, 118 AD3d 545
Raised issues of father’s rights to defend TPR
Matter of Jahnel B. (Carlene Elizabeth B.) 143 AD3d 416 (1stDept 2016) raised issuse seeking new dispositional hearing based on improved circumstances and definitions of abandonment in termination of parental rights.
Matter of Malachi P. (Georgette P.)142 AD3d 883 (1st Dept2016) TPR
Matter of Lady (Carissa S.) 134 AD3d 582 (1st Dept 2015) lack of reliability of record and vacate default at disposition TPR.