VERIFIED PETITION

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Samples legal papers
May 2, 2023

SUPREME COURT, CIVIL BRANCH

SUFFOLK COUNTY

1 COURT ST., RIVERHEAD, NY 11901

TIMOTHY K.      §

Petitioner,      §

§

v.      § VERIFIED PETITION

§

CHILD PROTECTIVE SERVICES      §

Respondent      §

NOW COMES Timothy K., Petitioner, and files this Verified Petition against Child Protective Services, and for cause would show this Honorable Court as follows:

  1. PARTIES
  2. Petitioner Timothy K. is a law-abiding male adult of sound mind and a resident of [ADDRESS].
  3. Respondent Child Protective Services is an agency established under the Child Protective Services Act of 1973.
  • JURISDICTION AND VENUE
  • Jurisdiction exists in this Court pursuant to Article 78 of the New York Civil Practice Law and Rules.
  • Venue is proper because the causes of action took place in Suffolk County.
  • STATEMENT OF FACTS
  • The acts and/or omissions stated herein were performed by employees and/or agents of Respondent. Petitioner has not fully ascertained the true identities of the employees and/or agents who did the acts and/or omissions described in this Petition. Petitioner will amend this Petition once he ascertains the true identities of the employees and/or agents of Respondent.
  • Petitioner is currently embroiled in a custody lawsuit with the mother of his children. During the lawsuit, employees and/or agents of Respondent conducted an investigation into Petitioner’s home to determine if the minor children had been neglected. There were no signs of neglect at Petitioner’s home but employees and/or agents of Respondent falsely reported that there was neglect.
  • Petitioner’s children had dental problems. His 11-year-old son needed 8 root canals and 4 of his front teeth had black spots. His 8-year-old daughter had 8 cavities and 2 adult molars pulled out. Petitioner also spent more than $15,000 in braces for his daughter. When Petitioner informed employees and/or agents of Respondent, they falsely accused him that he was not taking proper care of his children.
  • When the police made a false report, in regard to abuse and neglect at Petitioner’s home, Respondent covered it up instead of reporting it to the court.
  • As a result of the actions and/or omissions of employees and/or agents of Respondent, the court was misled to believe that there was abuse and neglect at Petitioner’s home and subsequently issued an order against Petitioner.
  • ANALYSIS
  • Petitioner incorporates the above assertions as though stated forthwith.
  • The actions of the employees and/agents of Respondent amount to perjury. They knew that stating whether or not there was neglect would be used by the court to determine custody of Petitioner’s children. Even so, they continued to falsely state that there were signs of neglect at Petitioner’s home. They are liable for perjury.
  • The employees and/or agents of Respondent were under an obligation to report the false report made by the police. They breached this duty by failing to report. Since the employees and/or agents of Respondent were acting on behalf of Respondent, Respondent is liable for failure to report.
  • Once Petitioner ascertains the names of the individuals involved, he will amend this Petition to include facts as well as causes of action against them and Respondent.
  • PRAYER FOR RELIEF

WHEREFORE, Petitioner requests this Court to grant him the following:

  1. Grant judgment in favor of Petitioner;
  2. Issue an order of specific performance compelling Respondent to clarify to the court that there was a false report made;
  3. Award Petitioner damages for perjury as well as failure to report;
  4. Award Petitioner punitive damages;
  5. Award Petitioner attorney fees and costs of this suit;
  6. Award Petitioner any other relief that this court finds necessary.

DATE:

Respectfully Submitted,

___________________________

Timothy K.

VERIFICATION

I, Timothy K., being duly sworn depose and say that I am the Petitioner in the above-entitled action, that I have read the foregoing Petition and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this ___ day of January, 2022.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

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