Kristen Pennessi & Kathleen Donelli won an appeal in the Appellate Division, Second Department (Mitarotonda v. Mitarotonda, ___ A.D.3d ___ (2d Dep’t 2019) in which the lower court denied a post-divorce judgment motion, brought by the noncustodial parent (the “father”), to stop paying the custodial parent (our client, the “mother”) child support based on constructive emancipation. Under the doctrine of constructive emancipation, New York courts have held that child support payments may be suspended where the “custodial parent unjustifiably frustrates the noncustodial parent’s right of reasonable access.” Kristen and Kathleen successfully argued that our client, the custodial parent, did not deliberately frustrate or actively interfere with the father’s relationship with his children. Therefore, the court ordered that the father continue to pay child support even though his children refused to have meaningful contact with him.
Seven of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Kathleen Donelli has again been selected in the field of Family Law. Dolores Gebhardt has again been selected in the field of Family Law. James K. Landau has again been selected in the fields of Business Litigation and Appellate. Kristen Mackay Pennessi has been selected as a Rising Star in the field of Family Law; Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Douglas S. Trokie has again been selected in the fields of Business/Corporate, Closely Held Business, Real Estate, Business and Civil Litigation. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.
As part of the recent expansion of our Mediation & Arbitration Practice Group, we have put a video on our web site. In the video, viewers can get to know better the members of our Mediation & Arbitration team: Hon. Sondra M. Miller, who leads the group, Adam J. Krim, Kristen Mackay Pennessi and Abby P. Rosmarin. The video is set forth below.
Kristen L. Mackay (n/k/a Pennessi), a member of our Business Litigation and Matrimonial & Family Law groups, was featured in a "Practitioner Profile" in the April, 2010 newsletter of Pace University School of Law. The article also spoke of Kristen's involvement with Judge Miller on the Post-Miller Commission for Change. "Since June 2007, Kristen has also served as a representative on the Post-Miller Commission for Change. As a representative, Kristen attends monthly meetings and participates in forums to develop best practices and effect reform in the matrimonial and family law systems in an effort to reduce trauma, delay and cost to parties, children and families." Click at Report to see the recommendations of the Matrimonial Commission chaired by Judge Miller.