Marquardt v. Marquardt

I respectfully dissent, and would affirm the order insofar as appealed from. In my view, petitioner husband established by a preponderance of the evidence that respondent wife committed a family offense, and I agree with the majority that Family Court’s finding that she did so is not academic despite the fact that the underlying order of protection has expired (see Matter of Hunt v Hunt, 51 AD3d 924, 925 [2008]). Preliminarily, I note that, in this proceeding, respondent filed an amended petition in which she accused petitioner of engaging in acts against her that constituted disorderly…