Adefunke A. v. Adeniyi A.

• Decision Date: 25 May 2012
• Court: New York Family Court
• Parties: In the Matter of a Family Offense Proceeding under article 8 of the Family Court Act. ADEFUNKE A., Petitioner, v. ADENIYI A., Respondent.

36 Misc.3d 699

946 N.Y.S.2d 447

2012 N.Y. Slip Op. 22147

In the Matter of a Family Offense Proceeding under article 8 of the Family Court Act.ADEFUNKE A., Petitioner,

v.ADENIYI A., Respondent.

Family Court, Queens County, New York.

May 25, 2012.

Jessica Sin, Flushing, for petitioner.

Andrew G. March, Jamaica, for respondent.

JOHN M. HUNT, J.

A

This case calls upon the Court to examine provisions of the Family Court Act which were enacted in 1971 to ensure that prospective litigants seeking to commence family offense proceedings are permitted to file their petitions with the court and have access to a judge.

Between June 21, 2011 and January 26, 2012 Adefunke A. has filed three family offense petitions against her brother, Adeniyi A. For the reasons which follows, the Court concludes that the petitioner has engaged in baseless and vexatious litigation against her brother, warranting dismissal of the underlying petition and an order enjoining Adefunke A. from commencing further family offense proceedings against Adeniyi A. without first obtaining leave of court.

The history of the family offense proceedings involving the parties is summarized as follows. On June 21, 2011, Adefunke A. filed a family offense petition against her brother, Adeniyi A. The petition alleged, in pertinent part, that the parties reside together in Corona, and that:

The most recent event was on June 1, 2011 at home. Petitioner states the respondent was verbally derogatory to her. Petitioner also states that the respondent wanted her to wear dirty clothing. The respondent also made an inappropriate call to 911 * * * Petitioner was taken by ambulance to Elmhurst Hospital and she was hospitalized in the psychiatric ward for three (3) days against her will. Petitioner also states that on April 19, 2011 the respondent slapped her in the chest. Petitioner also states that back in 2009 the respondent illegally cashed a check made out to her. Petitioner also states that the respondent illegally held her passport until he returned it to her in February 2011. * * * I have filed a criminal complaint concerning this incident.

On August 12, 2012, both parties appeared before a Court Attorney–Referee, respondent entered a denial to the allegations in the petition, and the case was referred to a Family Court Judge for further proceedings. On September 9, 2011 the parties and petitioner's assigned counsel appeared before Family Court Judge Dennis Lebwohl for a fact-finding hearing upon the petition. At the conclusion of the hearing the Court dismissed the petition as not proven by a preponderance of the evidence (Fam. Ct. Act § 832).¹

On December 7, 2011 Ms. A. filed a further family offense petition against her brother. In this petition Ms. A. alleged, in pertinent part, that the parties continue to reside together in Corona, and that:

On or about November 27, 2011 at my home in Corona, N.Y. the respondent slapped me on both sides of my face and repeatedly hit me all over my upper body with my slippers. The respondent then stepped on my glasses causing them to break. On or about mid-to-late November 2011 the respondent took my passport and repeatedly refused to return my passport to me. My passport was returned to me yesterday. The respondent has withheld my passport from me on more than one occasion.

The case came before a Court Attorney–Referee on January 31, 2012, counsel was assigned for both parties and the proceeding was thereafter referred to this Court for further proceedings. On March 8, 2012 both parties and respondent's assigned counsel were present and the case was continued until March 14, 2012, and on that date the Court granted respondent's motion to dismiss the petition based upon petitioner's failure to appear and prosecute the petition. Counsel assigned to Ms. A. had not recently been in communication with her and therefore could provide no reason for petitioner's failure to appear.

The third and most recent petition was filed by Ms. A. on January 26, 2012. In this petition Ms. A. alleges that she and her brother continue to reside together and that:

The most recent incident was on December 29, 2011. Petitioner states “Note presence of assaults on other dates after the original case (see 1st line for dated entry). Respondent is aggressive and inappropriate with bodily insult, deform verbal expressions [ sic ] and derogatory comments and inappropriate courtesy [ sic ]. There have been multiple fights with bodily involvement-upper body (see hits and slaps to the upper body); other bodily assaults-see push/pull and wrestling; verbal insults with derogatoryremarks and intention to psychological assault [ sic ] see inappropriate and unruly comments about guest relations and co-living expenses. Defendant/ Respondent is responsible for damages/Hetch values [ sic ].

Petitioner further states in June 2010, “911 call to psychiatric ward at East Elmhurst after a laundry/load dispute [ sic ]; has been to same court w/o appropriate resolution; physical aggression and inappropriate response/affect about courtesy, right and age-relations-note date sequences (see 911 reports after 06/01/2011; also note 12/29/2011) [ sic ] and the history of explanations connected to date sequence. Respondent recently broke a pair of new glasses (see need for reimbursement); also review docket No. O–12688/11 connected to this file for damages that were not properly treated for awards and right of collection see history of documents. I have filed a criminal complaint concerning these incidents: petitioner states that she wrote a letter.

During the proceedings upon the third family offense petition, Mr. A. presented the Court Attorney–Referee and this Court with documentation relating his sister's mental condition. These documents are physician's affirmations which are appended to a 2002 application made in the Queens County Supreme Court by Elmhurst Hospital requesting judicial authorizationto administer psychiatric drugs to Ms. A.

In one affirmation Deborah Cross, M.D., Director of Inpatient Psychiatry at Elmhurst Hospital Center, states in pertinent part, that Ms. A. “is a twenty-seven (27) year old female who was admitted as an involuntary patient to City Hospital Center at Elmhurst on September 29, 2002”, and the hospital was seeking judicial authorization to administer anti-psychotic and anticholinergic medications to Mr. A. whose “illness interferes with her ability to make reasoned decisions with respect to her treatment.”

The affirmation of Yasmin Collazo, M.D., an attending psychiatrist at Elmhurst Hospital, states that she has examined Ms. A., “a 27 year old woman and medical student with her 1st psychotic break when she came to New York City after hearing the voice of God. She has been homeless. She was found by the police agitated, unkempt and psychotic. On the [psychiatric] Unit she remains suspicious, paranoid with persistent agitation and violence. The patient needs anti-psychotic medication. In my opinion, medication over objection is in the patient's best interests.” Dr. Collazo further stated that “the risks and benefits of medication have been explained to the patient. However, the patient has refused medication on a sufficient number of occasions to materially affect her condition” and that the patient's “illness interferes with her ability to make reasoned decisions with respect to her treatment” and “[l]eft untreated, the patient's mental illness will continue to deteriorate.”

Additionally, according to Patient Discharge Instructions prepared by staff of the Psychiatric Emergency Department at Elmhurst Hospital, Ms. A. had also been hospitalized and treated with anti-psychotic medication from June 1, 2011 until her discharge on June 3, 2011. The staff at Elmhurst Hospital had arranged for Ms. A. to receive outpatient treatment with Woodside Mental Health Center after her discharge, but it does not appear that Ms. A. followed through with that referral.

On March 14, 2012 the Court dismissed this third family offense proceeding at the same time that the second family offense petition was dismissed due to the failure of the petitioner to appear and prosecute the proceeding. Based upon the Court's review of the records of the three family offense petitions filed in this Court, and the information concerning petitioner's psychiatric condition, the Court's order of dismissal provided that the petitioner was prohibited from filing any further family offense petitions against her brother without prior court authorization.

Thereafter, Ms. A. appeared in the Family Court building on May 4, 2012 and she requested to file yet another family offense petition against her brother. In accordance with the Court's order of March 14, 2012, court staff directed that Ms. A. reduce her allegations to writing so that they could be presented to this Court for a determination as to whether leave would be granted to authorize the filing of a fourth family offense petition against Mr. A. The Clerk then referred the matter to this Court and when Ms. A. did not appear when her name was called, her request to file the petition was denied.

The papers completed by Ms. A. on May 4, 2012 reflect that she was likely still suffering from the psychosis with which she was previously diagnosed, and that she was in need of medical attention. The papers completed by Ms. A. stated, in pertinent part:

3/16/2012–4/26/2012 (Involuntary Hospitalization). With 911 visit for removal from premises; strap jacket [ sic ] treatments during week ending after 4/05/2012 week and hospital. Respondent court attendances on 4/26/2012. Please have the Respondent explain the history of phone call on 3/6/2012 see 5/02/2012 for additional pictures of camcorder camera for hospitalization threats and return trip using 911. Must be removed from hospital proxy rights. I need legal files for bill. * * * Respondent also broke a needed spectacle see past docket on Family Court (3/14/2012) for...