Legal Opinion
Alicea v. Alfano
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 2011PublishedCited by 3 opinions
1Opinion of the Court
In a family offense proceeding pursuant to Family Court Act article 8, Maria Christina Alicea appeals from an order of the Family Court, Kings County (Feldman, J.H.O.), dated January 26, 2010, which, after a hearing, dismissed the petition.
Ordered that the order is affirmed, without costs or disbursements.
A family offense must be established by a fair preponderance of the evidence (see Family Ct Act § 832; Matter of Hasbrouck v Hasbrouck, 59 AD3d 621 [2009]). The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court; its determination…
2Cases cited9 opinions
- Pearlman v. PearlmanAppellate Division of the Supreme Court of the State of New York · 2010
- Hasbrouck v. HasbrouckAppellate Division of the Supreme Court of the State of New York · 2009
- King v. FlowersAppellate Division of the Supreme Court of the State of New York · 2004
- London v. BlazerAppellate Division of the Supreme Court of the State of New York · 2003
- Topper v. TopperAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by3 opinions
- Kondor v. KondorAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Smith v. RygielAppellate Division of the Supreme Court of the State of New York · 2017
- Kondor v. KondorAppellate Division of the Supreme Court of the State of New York · 2013