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Abstract of Entire Proceeding
Contains a timeline of the Motions
Made/Decisions of the Court
SEPTEMBER 1995 - Motion
- 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)
- 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
- 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.
- 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
- 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)
- 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
- 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)
- An order replacing Mr. Steve Mason Jr, Esq., with another
law guardian. (DENIED)
- An order prohibiting the report of Mr. Steve Mason from
being entered into evidence at trial without his oral
testimony. (DENIED)
- An order allowing the defendant to conduct an independent
psychological evaluation of the plaintiff. (DENIED)
- An order prohibiting the report of Dr. Jennifer Freud
from being entered into evidence at trial without her
oral testimony. (DENIED)
- Request for Trail by Jury (DENIED).
APRIL - TRIAL PART I (see TRIAL
abstract)
SEPTEMBER 1997 (SHOWCAUSE order)
- 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)
- 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)
- 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)
- 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)
- 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)
- Compelling the plaintiff to sign authorizations for
release of information to Dr. Simpson (psychologist), Ms.
Borncamp (counselor), and Crouse Irving/PHP (medical
treatment). (DENIED)
- 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)
- 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.
- 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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