Legal Opinion

Jose M. v. Angel V.

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

Decided September 26, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Leventhal, J.

On this appeal, we have the opportunity to address whether the Family Court has subject matter jurisdiction where it is alleged that a family offense has been committed by a person whose relationship to the subject child is akin to the relationship between a stepparent and stepchild.

In October 2010, the petitioner father commenced this family offense proceeding on behalf of his then-nine-year-old daughter by filing a family offense petition against the respondent (hereinafter the boyfriend), who was the live-in boyfriend of the mother. On this appeal we…

2Cases cited16 opinions

  1. Johna Ms v. Russell EsNew York Court of Appeals · 2008
  2. Financial Industry Regulatory Authority, Inc. v. FieroNew York Court of Appeals · 2008
  3. H.M. v. E.T.New York Court of Appeals · 2010
  4. Seye v. LamarAppellate Division of the Supreme Court of the State of New York · 2010
  5. Jessica D. v. Jeremy H.Appellate Division of the Supreme Court of the State of New York · 2010

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