Paul B. S. v. Pamela J. S., 514 N.E.2d 382 (NY 1987). · Go Syfert
Paul B. S. v. Pamela J. S., 514 N.E.2d 382 (NY 1987). Cases Citing This Book View Copy Cite
24 citation events (10 in the last 25 years) across 7 distinct courts.
Strongest positive: Phillips v. Phillips (nyappdiv, 2017-01-31)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) Phillips v. Phillips
N.Y. App. Div. · 2017 · confidence medium
S., 70 NY2d 739, 741-742 [1987]; Kosovsky v Zahl, 52 AD3d 305, 305 [1st Dept 2008]).
cited Cited as authority (rule) In re Travis Y.
N.Y.C. Fam. Ct. · 2010 · confidence medium
S., 70 NY2d 739, 741 [1987]; Green v Montgomery, 95 NY2d 693, 699 [2001]; Kosovsky v Zahl, 52 AD3d 305 [2008]; Matter of Daniel D., 57 AD3d 444 [2008], lv dismissed 12 NY3d 906 [2009]). .
cited Cited as authority (rule) George A. v. Ivett A.
N.Y. Sup. Ct. · 2006 · confidence medium
S. ( 70 NY2d 739, 741 [1987]).
Retrieving the full opinion text from the archive…
Paul B. S.
v.
Pamela J. S., Legal Aid Society, as Law Guardian for Jessica S., an Infant, Intervenor-Respondent In the Matter of Paul B. S., as Father of Jessica S., an Infant v. Commissioner of Social Services of the City of New York, and Pamela J. S., Respondents In the Matter of Jessica S., an Infant. Paul B. S., Respondent Commissioner of Social Services of the City of New York
New York Court of Appeals.
Sep 17, 1987.
514 N.E.2d 382
APPEARANCES OF COUNSEL, Peter L. Zimroth, Corporation Counsel (Trudi Mara Schleifer and Francis F. Caputo of counsel), for appellant., Paul Frohman for Paul S., respondent., Patricia Nevergold and Lenore Gittis for intervenor-respondent., Pamela J. S., respondent pro se.
Cited by 20 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Supreme Court’s concurrent jurisdiction over child abuse proceedings is unaffected by the grant of "exclusive original jurisdiction” to Family Court over such proceedings (see, NY Const, art VI, § 7; Family Ct Act §§ 114, 1013; Kagen v Kagen, 21 NY2d 532, 538). The question remains, however, whether Supreme Court abused its discretion as a matter of law in exercising its concurrent jurisdiction in the instant case (see, Kagen v Kagen, supra, at 538; see also, Herrick v Second Cuthouse, 64 NY2d 692, 693). Here, before the commencement of the separate abuse/neglect proceeding in Family Court, the matrimonial action had been commenced in Supreme Court, an extensive pendente lite hearing on child custody had been held, and psychiatric examinations had been ordered and completed. We conclude, under these circumstances, that Supreme Court did not abuse its discretion as a matter of law in ordering consolidation of the two proceedings[*742] (CPLR 602 [b]) and exercising its concurrent jurisdiction over the abuse/neglect proceeding. Nor did Family Court, considering the circumstances in these consolidated proceedings, abuse its discretion as a matter of law in failing to conduct a dispositional hearing under Family Court Act § 1047. Appellant’s remaining arguments are without merit.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed, with costs, in a memorandum. Question certified answered in the affirmative.