Legal Opinion

Matter of Batista v. Iqbal

Appellate Division of the Supreme Court of the State of New York

Decided May 27, 2015No. 2014-09926PublishedCited by 2 opinions

1Opinion of the Court

Appeal from an order of the Family Court, Queens County (Anne-Marie Jolly, J.), dated September 29, 2014. The order, after a hearing, denied the family offense petition for failure to prove a family offense by a preponderance of the evidence, and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

At a fact-finding hearing pursuant to Family Court Act article 8 to determine whether a family offense has been committed, the petitioner has the burden of establishing, by a fair preponderance of the evidence, that the charged conduct was committed as alleged…

2Cases cited6 opinions

  1. Cassie v. CassieAppellate Division of the Supreme Court of the State of New York · 2013
  2. Testa v. StricklandAppellate Division of the Supreme Court of the State of New York · 2012
  3. Bah v. BahAppellate Division of the Supreme Court of the State of New York · 2013
  4. Ungar v. UngarAppellate Division of the Supreme Court of the State of New York · 2011
  5. Matter of Cole v. MuirheadAppellate Division of the Supreme Court of the State of New York · 2015

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3Cited by2 opinions

  1. Matter of Nunez v. DiazAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Butler-Moore v. ButlerAppellate Division of the Supreme Court of the State of New York · 2017

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