Q:
During a Custody / divorce battle in front of Supreme court justice in
New York State At a previous hearing an assault summons from family court
against my wife was held in abeyance pending a nesting arrangement.
The most
recent hearing struck down the nesting arrangement, how can I now proceed with
the assault summons, even after the un-served summons expired.
A: David's Answer: I am
confused by your question - how/why did the Supreme Court feel it had
jurisdiction/authority to direct that a Family Court summons be "held in
abeyance" (if that's what was done)? Did the Family Court matter get
consolidated into the Supreme Court case? If not, then you would have had a
court date already assigned in the Family Court matter, in which case you must
seek to verify whether the case was already dismissed due to non-service or
not. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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