Legal Opinion
Rafael F. v. Pablo N.
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 2013PublishedCited by 7 opinions
1Opinion of the Court
—Orders, Family Court, New York County (Mary E. Bednar, J.), entered on or about May 8, 2012, which, after a fact-finding hearing in proceedings brought pursuant to article 8 of the Family Court Act, dismissed the petitions for orders of protection against respondents, unanimously affirmed, without costs.
The determination that respondents’ actions did not rise to the family offense of harassment in the second degree is supported by a fair preponderance of the evidence (see Matter of Everett C. v Oneida P., 61 AD3d 489 [1st Dept 2009]; Penal Law § 240.26 [1], [3]). There exists no basis to…
2Cases cited3 opinions
- People v. DietzeNew York Court of Appeals · 1989
- Everett C. v. Oneida P.Appellate Division of the Supreme Court of the State of New York · 2009
- Ebony J. v. Clarence D.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by7 opinions
- Matter of Teanna P. v. David M.Appellate Division of the Supreme Court of the State of New York · 2015
- Matter of Christine P. v. Machiste Q.Appellate Division of the Supreme Court of the State of New York · 2015
- Abusikin v. City of New YorkDistrict Court, S.D. New York · 2021
- Cindy O. v. Edna C.Appellate Division of the Supreme Court of the State of New York · 2013
- Cindy O. v. Edna C.Appellate Division of the Supreme Court of the State of New York · 2013
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