Matter of Rosales

Family Law

, New York Law Journal


Judge Dennis Lebwohl

After a prior motion was denied with leave to renew, counsel filed an ex parte application for petitioner Rosales to execute a Form I-918 Supplement B—a petition for U Nonimmigrant Status—under the Violence Against Women Act protecting victims of domestic violence, among other things, who were likely to be helpful to law enforcement in prosecuting such criminal behavior. The Form I-918 must contain "initial evidence" executed by a certifying official, including a state or local judge. The prior petition was denied as it did not contain a transcript of a 2010 proceeding held before a now-retired judge. Counsel re-filed the request submitting a copy of the transcript prepared by DiPalma, and the court file contained a transcript for the proceedings prepared by Colavito, both containing certifications the transcript was prepared under Judiciary Law §300. The court noted several differences existed in the two transcripts, finding them ministerial, and occurring after the judge issued a finding. As Colavito's transcript was in compliance with 22 NYCRR §108.3(d), the court utilized it to determine the merits of the application. The court concluded it possessed sufficient information to complete the I-918 Supplement B, granting the requested relief.

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