Bio & Reported Cases

Bio

Over the course of my four-decade long career as a trial and appellate litigator, I earned an AV ® Preeminent ™ rating, was regularly recognized as a “Super Lawyer”, became a member of the Executive Committee of the Family Law Section of the NYS Bar Association, served as the Attorney Co-Chair of the Interdisciplinary Forum on Mental Health and Family Law, and was invited by my peers to join the faculty of the NY College of Matrimonial Trial Attorneys. I was a participating attorney on the ABA Project Against International Child Abduction, a mentor attorney for InMotion/Network for Women’s Services, and was appointed by the Appellate Division, First Department to serve on its Family Court Advisory Committee. A member of the Family Law and Litigation sections of the American Bar Association, and the Family Law Section of the NYS Bar Association and of the NYC Bar Association, my articles have been published in the NY Family Law Monthly and The Matrimonial Strategist.

My litigation experience includes successful appeals in the NYS Court of Appeals (New York’s highest court) and the Appellate Divisions, and trial court decisions in a variety of courts. A sampling of my cases follow.

NEW YORK COURT OF APPEALS

  • 61 N.Y.2d 368 (Court of Appeals, 1984).

    Decided by New York’s highest court, this case changed NY law. I successfully argued that my client, the biological father of an out-of-wedlock child placed into foster care by her mother, had parental rights to his child, and that before a state agency could ask a court to free the child for adoption, it must first diligently provide services to strengthen the parent-child relationship and prove those diligent efforts.

NEW YORK APPELLATE DIVISION

  • 198 A.D.3d 470 (1st Dept. 2021).

    The collapse of the husband’s hedge fund did not excuse him from paying my client’s property settlement or justify a reduction of his spousal support and child support obligations.

  • 176 AD3d 570 (1st Dept. 2019).

    The trial court’s award of interim counsel fees to my client was upheld.

  • 173 AD3d 428 (1st Dept. 2019).

    The valuation of my client’s Google stock options and restricted stock units and the denial of his wife’s spousal support claim were upheld.

  • 138 A.D.3d 872 (2nd Dept. 2016).

    The trial court’s requirement that the father’s visits with my client’s son be supervised by a mental health professional was upheld.

  • 105 AD3d 852 (2nd Dept. 2013).

    The decision of my client, a mother of 4 children, to oppose visitation with her deceased husband’s parents (the paternal grandparents) was an appropriate judgment of a mentally fit parent.

  • 46 A.D.3d 305, 846 N.Y.S.2d 576 (1st Dept. 2007).

    The trial court’s award of interim counsel fees in favor of my client was upheld.

  • 33 AD3d 43, 818 N.Y.S.2d 571 (2nd Dept. 2006).

    The trial court’s determination that it would be unconscionable to enforce my client’s waiver – in a prenuptial agreement - of her right to seek an award of counsel fees was upheld.

  • 24 A.D.3d 631, 809 N.Y.S.2d 83 (2nd Dept. 2005).

    The trial court’s award of counsel fees incurred by and in favor of my client was upheld.

  • 281 A.D.2d 503, 721 N.Y.S.2d 798 (2nd Dept. 2001).

    The trial court’s post-trial order in favor of my client, finding her husband – who had kidnapped the parties’ children - in contempt of court and incarcerating him was upheld.

  • 94 A.D.3d 551 (1st Dept. 2012).

    The prenuptial agreement that provided that my client retain all of the marital assets was upheld as valid and not unconscionable.

  • 77 A.D.3d 564 (1st Dept. 2010).

    The custody award in favor of my client, the mother of 2 children, was supported by the trial record.

  • 115 A.D.3d 552 (1st Dept. 2014).

    The mother’s request to modify my client’s custody rights was properly denied, and his refusal to consent to the mother’s choice of out-of-network doctors and other child-related expenses was reasonable and upheld.

  • 78 A.D.3d 834, 911 N.Y.S.2d 129

    2nd Dept. 2010). The trial court’s decision to modify a joint custody award by granting sole custody to my client was upheld.

FEDERAL COURT

  • 20-940-cv (2d Cir. 2020).

    The trial court’s judgment granting my client’s petition for the return of the parties’ child to Spain pursuant to the Hague Convention on the Civil Aspects of International Child Abduction was upheld.U.S. App. LEXIS 22893 (USCA 2020)

  • 443 F. Supp.3d 510 (SDNY 2020).

    The trial court granted my client’s petition for the return of the parties’ child to Spain pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, finding that Spain was the child’s “habitual residence.”

  • 331 B.R. 137 (Bankr. SDNY 2005), aff’d 344 B.R. 237 (SDNY 2006).

    The bankruptcy court granted my client’s petition and discharged payments designated as “spousal maintenance” because they were not actually in the nature of non-dischargeable alimony, maintenance or support.

NEW YORK TRIAL COURTS

  • 43 N.Y.S.3d 767 (N.Y. Sup. Ct. 2016).

    Trial court granted my client’s motion for interim maintenance, child support and counsel fees.

  • 973 N.Y.S.2d 908 (Sup. Ct., New York Co. 2013).

    Where both parties were represented by “firms at the apex of the New York matrimonial lawyer hierarchy” the trial court granted my client’s motion to release $2 million from marital funds and share that amount with the wife so each could pay his or her own interim litigation expenses, and denied the wife’s motion for additional counsel fees, finding that unless the wife had “skin in the game” she would push forward with the litigation without any concern for its cost or any eye towards settlement.

  • April 2, 2012 NYLJ p. 17, col. 1 (Decision of Interest) (Fam. Ct., Nassau Co., 2012)

  • 2006 N.Y. Misc. LEXIS 4041, April 19, 2006 NYLJ p. 21, col. 1 (Decision of Interest) (Sup. Ct., West. Co., 2005).

  • 193 Misc.2d 502, 749 N.Y.S.2d 650 (Sup. Ct., West. Co., 2002).