Legal Opinion
Smith v. Amedee
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 2012PublishedCited by 18 opinions
1Opinion of the Court
“The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court” (Matter of Creighton v Whitmore, 71 AD3d 1141, 1141 [2010]; see Family Ct Act §§ 812, 832; Matter of Kaur v Singh, 73 AD3d 1178 [2010]), “and that court’s determination regarding the credibility of witnesses is entitled to considerable deference on appeal” (Matter of Cruz v Rodriguez, 96 AD3d 838, 838 [2012]; see Matter of Kaur v Singh, 73 AD3d at 1178; Matter of Creighton v Whitmore, 71 AD3d at 1141). Contrary to the appellant’s contention, a fair preponderance of the credible…
2Cases cited5 opinions
- Creighton v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 2010
- Pearlman v. PearlmanAppellate Division of the Supreme Court of the State of New York · 2010
- Kaur v. SinghAppellate Division of the Supreme Court of the State of New York · 2010
- Cruz v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2012
- Knibbs v. ZemanAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by18 opinions
- Matter of Kiani v. KianiAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Pierre v. DalAppellate Division of the Supreme Court of the State of New York · 2016
- Shields v. BrownAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Niyazova v. ShimunovAppellate Division of the Supreme Court of the State of New York · 2015
- Marte v. BiondoAppellate Division of the Supreme Court of the State of New York · 2013
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