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Abstract of Entire Proceeding

Contains a timeline of the Motions Made/Decisions of the Court

SEPTEMBER 1995 - Motion

  1. An order pursuant to CPLR 3024 and CPLR 3016(c), requiring plaintiff to amend only the following paragraphs in her complaint, on the grounds that the allegations of those paragraphs are so vague and ambiguous that defendant cannot reasonably be required to frame a response. (DENIED)
  2. An Order pursuant to D.L.R. 236 & 240 directing the plaintiff to pay child support and maintenance to the defendant, including the establishment of a pool for defendant and plaintiff in maintaining legal counsel. (DENIED)

OCTOBER 1995 - Motion

  1. Modification of the Temporary Order, dated Sep 1995, to specify that if Plaintiff leaves the home, both Plaintiff & Defendant will have joint physical custody and share equal parenting time with their young Son. (DENIED)
    ** not repeated below, request for joint custody and fair split of time was part of almost all motion's made by Defendant.
  2. An Order pursuant to D.L.R. 236 & 240 that plaintiff is directed to pay child support and maintenance to the defendant. (DENIED)

NOVEMBER 1995- Motion

  1. An order modifying the order of Sep 19, 1995 to appoint another Psychologist to perform an evaluation on both parties; OR, an order which recognizes Dr. Freud as a witness for the Plaintiff and allows the Defendant to have the Plaintiff examined by another Psychologist. (DENIED)
  2. An order which would preclude the Plaintiff from presenting any evidence at trial for items not responded to in the Demand for a Bill of Particulars. (DENIED)

MARCH 1996 - Motion

  1. An order vacating the Note of Issue in the above-entitled action on the grounds that it is not ready for trial and prohibiting plaintiff from future discovery without leave of the Court. (DENIED)
  2. An order replacing Mr. Steve Mason Jr, Esq., with another law guardian. (DENIED)
  3. An order prohibiting the report of Mr. Steve Mason from being entered into evidence at trial without his oral testimony. (DENIED)
  4. An order allowing the defendant to conduct an independent psychological evaluation of the plaintiff. (DENIED)
  5. An order prohibiting the report of Dr. Jennifer Freud from being entered into evidence at trial without her oral testimony. (DENIED)
  6. Request for Trail by Jury (DENIED).


APRIL - TRIAL PART I (see TRIAL abstract)

SEPTEMBER 1997 (SHOWCAUSE order)

  1. Granting a mistrial in the current action, allowing the defendant time to complete discover and pretrial preparation, and scheduling a new trial to be heard by a jury. (DENIED)
  2. Reserving judgment by the Court on the issue of grounds and allowing the defendant to complete the presentation of his defense and to make a closing statement. (DENIED)
  3. Directing the plaintiff to give the defendant the sum of $10,000 to be used by defendant to retain the legal counsel and expert witnesses required for his defense. (DENIED)
  4. Dismissing Mr. Steve Mason as Law Guardian for Nick Smith, and appointing a new guardian to protect the child's interests for the remainder of this action. (DENIED)
  5. Compelling Dr. Jennifer Freud, Psychologist appointed by the Court, to comply with defendant's discovery request for all notes and other materials in her possession regarding this matter. (DENIED)
  6. Compelling the plaintiff to sign authorizations for release of information to Dr. Simpson (psychologist), Ms. Borncamp (counselor), and Crouse Irving/PHP (medical treatment). (DENIED)
  7. Ordering that a complete transcript of the trial proceedings to date be requested by the Court and supplied at no cost to the parties. (DENIED)

OCTOBER TRIAL PART II (see Trial Abstract)

OCTOBER 1997 (SHOW CAUSE ORDER - returned unsigned)

  1. Granting a mistrial in the current action due to additional evidence, a letter or reprimand delivered to Dr. Skinner (ONLY witness for plaintiff), by the Central New York Psychological association for her conduct in this matter.
  2. Allowing the defendant time to complete discover and pretrial preparation, and scheduling a new trial to be heard by a jury.

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