State Senator Testifies In Custody Battle

2007_11_savino.jpgThe custody battle over Michelle Malakov, a 4-year-old who witnessed her father being shot to death at a Queens playground, continued in Queens Family Court. And the testimony of State Senator Diane Savino underlined how the dispute between the slain man's family and his ex-wife has gone almost full-tilt crazy.

Queens dentist Daniel Malakov had been awarded temporary custody of his daughter for about a week. On October 28, he was dropping her off to see her mother, Dr. Mazultov (Marina) Borukhova, at a Queens playground when a gunman shot him three times in the chest. Investigators haven't named a suspect, but have investigated whether Borukhova's family may be involved in the shooting because the couple had an acrimonious history over the child's history.

State Senator Savino (pictured) said that on October 18, she met with Borukhova and two of her sisters. Savino said that one of the sisters asked, "What if something happens? What if [Malakov] can't take care of her?" to which Savino said Borukhova would probably receive custody. Then she was asked, "What if she [Michelle] disappears?" and Savino said, "‘If you’re asking me what I think you’re asking, I cannot advise you more strongly against this action. They will find her. They will extradite her here. She will go to jail. Your niece will end up in foster care. You will also go to jail." Savino said that when she read reports of Malakov's death, she went to authorities.

Borukhova took the stand and claimed that Malakov had abused her and their child, but a court-appointed psychologist Dr. Paul Hymowitz who examined Michelle said that Borukhova is "manipulative", noting her "callous disregard not for the rights of the co-parent but to the well-being of the child."

A legal advocate for Michelle, who is currently in the care of a foster family, agrees with the Administration for Children Services' position not to return Michelle to her mother. The Post's Andrea Peyser has a column begging for someone to help Michelle, noting that her mother and her paternal grandparents seem more interesting in fighting than actually raising her.

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A common lament in the blogosphere, especially in the right-wing corner thereof, is that high-I.Q. people are having too few children. At the same time, so goes the lament, people on the left-hand side of the Bell Curve - in particular those of rather darker hue - are having too many, with all sorts of dire dysgenic threats to Western Civilization.

This case shows that sometimes high-I.Q. people would have been better off not breeding. Take that, blogosphere!

The mother is guilty. She is a liar. She had the Russian mob kill her husband.

Gothamist, I love you. But --


"Queens dentist Daniel Malakov had been awarded temporary custody of his daughter for about a week, but when he was dropping her off to see her mother, Dr. Mazultov (Marina) Borukhova, on October 28, he was shot three times in the chest by a gunman."

is a horrific sentence. How about:


Daniel Malakov had been awarded full custody of his four-year-old daughter a week before the shooting. The Queens dentist was dropping the girl off to visit her mother on October 28th when he shot -- three times, in the chest.


You see how I build to the climatic moment?

Except, newsyspice, your copyedit is inaccurate. Malakov was not awarded "full custody", he was awarded "temporary custody" - not the same thing.

But hey, don't let the facts get in the way of your own grammatical ego-stroking.

Actually, newsyspice is NOT inaccurate in saying "full custody." "Full custody" does not pertain to the length of the period of that custody -- it may be temporary or permanent.

Full custody merely means the parent has both legal and physical custody of the child except for visitation. It is synonymous with sole custody. This is what was awarded on a temporary basis to Daniel Malakov.

Nevertheless, anyone familiar with custody disputes knows that temporarily awarded custody is rarely overturned as not to disrupt the child.

But hey, don't let legal definitions get in the way of your own ego-stroking.

Personally, I've taken to emailing Jen directly to alert her to blatant copy-editing mistakes (though I see it's too late in the day to save her from "her paternal grandparents seem more interesting in fighting.")

But considering that there is some modicum of commenter accountability these days, I don't see why anyone who pipes up out of enthusiasm for the art of writing (which is often a matter of usage and style as it is "grammar") deserves the knee-jerk hostility that they still get. Some people think language is interesting, and they want to talk about it - so cram it!

this supreme court judge sydney strauss had to have seen something in order to remove this child from her mother. why didn't the judge order an order of protection for dr daniel malakov? why didn't the judge order supervised visitation for the mother like he did for the father after the mother lied about the father abusing michelle(child). i believe gender bias is alive and well in judge sydney strauss's courtroom.

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