Legal Opinion

Charmaine C. v. Elizabeth C.

New York Family Court

Decided October 13, 2009PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Andrea Masley, J.

The issue is whether respondent Elizabeth C. has as her primary residence XXXX XXXXX XXXXXXXXX, Bronx, New York (the Apartment). If it is, then she is entitled to an immediate hearing before she can be excluded from it.

On July 23, 2009, petitioner Charmaine C. filed a family offense petition against her sister Elizabeth seeking an order of protection under article 8 of the Family Court Act. The court has jurisdiction under Family Court Act § 812 (1) (a) on the grounds that the parties are siblings. In the petition, Charmaine describes a family property…

2Cases cited6 opinions

  1. People ex rel. Klein v. KruegerNew York Court of Appeals · 1969
  2. Borkowski v. BorkowskiAppellate Division of the Supreme Court of the State of New York · 1972
  3. Emay Properties Corp. v. NortonAppellate Terms of the Supreme Court of New York · 1987
  4. People v. GarlandNew York Court of Appeals · 1987
  5. Berwick Land Corp. v. MucelliAppellate Division of the Supreme Court of the State of New York · 1998

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Matter of L.S. (D.S.)Appellate Division of the Supreme Court of the State of New York · 2026

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