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Davis v. Byrd

On March 25, 2003, petitioner Elijah Davis appeared in Queens Family Court to file a petition for custody of his two daughters against respondent, mother Colleen Byrd. On that date, a Court Ordered Investigation (COI) was ordered by this Court for the next court date, May 5, 2003, by the Administra.....

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On March 25, 2003, petitioner Elijah Davis appeared in Queens Family Court to file a petition for custody of his two daughters against respondent, mother Colleen Byrd. On that date, a Court Ordered Investigation (COI) was ordered by this Court for the next court date, May 5, 2003, by the Administration for Children’s Services (ACS) with their recommendations regarding the best interests of the minor children. The report was completed and submitted to the court on May 5, 2003 as ordered. However, on that date the petition was dismissed for failure of both petitioner and respondent to appear in court. Upon investigation, the Court discovered that petitioner Davis had filed a total of eight family court petitions against respondent Byrd in Queens Family Court within a sixteen month period. Five were for temporary Orders of Protection (brought on 12/10/01, 4/17/02, 9/18/02, 1/2/03 and 1/3/03), two were for custody and one was for visitation. All of the petitions, but one, were dismissed due to failure to appear by petitioner. The one petition that was not dismissed for non-appearance was then dismissed due to the insufficiency of the allegations made by petitioner and because petitioner “acknowledged falsity of [other] allegations regarding [a] physical altercation” with respondent. (As noted by the trial judge.)

The court believes that petitioner Davis’ pattern of conduct may very well rise to the level of frivolous conduct and as such may be an appropriate case for the imposition of sanctions. See 22 NYCRR §130-1.1.

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