Hohn v. Guirand
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Although the order of protection expired by its own terms on August 5, 2011, the appeal has not been rendered academic in light of the enduring consequences which may potentially flow from a finding that the appellant committed a family offense (see Matter of Scioscia v Scioscia, 89 AD3d 739, 740 [2011]; Matter of Willis v Rhinehart, 76 AD3d 641, 642 [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 deference on appeal (see Matter of…
2Cases cited2 opinions
- Creighton v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 2010
- Scioscia v. SciosciaAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by9 opinions
- Saldivar v. CabreraAppellate Division of the Supreme Court of the State of New York · 2013
- Samida v. SamidaAppellate Division of the Supreme Court of the State of New York · 2014
- McCauley v. GalanteAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Rosenbloom v. RosenbloomAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Denkewitz v. SundaraAppellate Division of the Supreme Court of the State of New York · 2015
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