Drury v. Drury
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Family Court’s determination as to whether a respondent *755committed acts constituting a cognizable family offense is a factual issue for the Family Court to resolve, and “[a] family offense must be established by a fair preponderance of the evidence” (Matter of Thomas v Thomas, 72 AD3d 834, 835 [2010]; see Family Ct Act § 832).
The Family Court failed to state on the record the facts that it deemed essential to its determination to grant the petition for an order of protection (see CPLR 4213 [b]; Matter of Jose L.I., 46 NY2d 1024, 1026 [1979]; Matter of Smith v Falco-Boric, 87 AD3d 1146,…
2Cases cited12 opinions
- Matter of I.New York Court of Appeals · 1979
- Gray v. GrayAppellate Division of the Supreme Court of the State of New York · 2008
- Thomas v. ThomasAppellate Division of the Supreme Court of the State of New York · 2010
- Charles v. CharlesAppellate Division of the Supreme Court of the State of New York · 2005
- Robbins v. RobbinsAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by19 opinions
- Clarke-Golding v. GoldingAppellate Division of the Supreme Court of the State of New York · 2012
- Stewart v. LassiterAppellate Division of the Supreme Court of the State of New York · 2013
- Sperling v. SperlingAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Acevedo v. AcevedoAppellate Division of the Supreme Court of the State of New York · 2016
- Baginski v. RostkowskiAppellate Division of the Supreme Court of the State of New York · 2012
14 more not listed; retrieve them via the Exa API.