Legal Opinion

Salazar v. Melendez

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

Decided July 18, 2012PublishedCited by 32 opinions

1Opinion of the Court

*755A family offense must be established by a fair preponderance of the evidence (see Family Ct Act § 832; Matter of Pearlman v Pearlman, 78 AD3d 711, 712 [2010]). “The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and that court’s determination regarding the credibility of witnesses is entitled to great weight on appeal and will not be disturbed if supported by the record” (Matter of Richardson v Richardson, 80 AD3d 32, 43-44 [2010]; see Matter of King v Edwards, 92 AD3d 783 [2012]).

Here, a fair preponderance of the credible…

2Cases cited8 opinions

  1. Richardson v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2010
  2. Pearlman v. PearlmanAppellate Division of the Supreme Court of the State of New York · 2010
  3. Cavanaugh v. MaddenAppellate Division of the Supreme Court of the State of New York · 2002
  4. Czop v. CzopAppellate Division of the Supreme Court of the State of New York · 2005
  5. Whittemore v. LloydAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by32 opinions

  1. Kanterakis v. KanterakisAppellate Division of the Supreme Court of the State of New York · 2013
  2. Saldivar v. CabreraAppellate Division of the Supreme Court of the State of New York · 2013
  3. Parameswar v. ParameswarAppellate Division of the Supreme Court of the State of New York · 2013
  4. Bazante v. BazanteAppellate Division of the Supreme Court of the State of New York · 2013
  5. Alam v. AlamAppellate Division of the Supreme Court of the State of New York · 2013

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