Legal Opinion
Erie County Department of Social Services ex rel. Trunfio v. LaBarge
New York City Family Court
Decided November 12, 1993PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
John F. O’Donnell, J.
The respondent has filed objections to an order of a Hearing Examiner which granted the petitioner an increase in child support, and the petitioner has filed a rebuttal.
In most cases, where a Hearing Examiner has properly exercised jurisdiction, any findings should not be rejected unless contrary to the weight of the credible evidence or in error as a matter of law (Matter of Weiner v Weiner, 97 Misc 2d 920). The court should generally defer to the Hearing Examiner who was in the best position to assess the credibility of the witnesses and the evidence…
2Cases cited14 opinions
- Brescia v. FittsNew York Court of Appeals · 1982
- Michaels v. MichaelsNew York Court of Appeals · 1982
- Commissioner of Social Services ex rel. Wandel v. SegarraNew York Court of Appeals · 1991
- Reid v. . TerwilligerNew York Court of Appeals · 1889
- Drago v. DragoAppellate Division of the Supreme Court of the State of New York · 1988
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Slaughter v. SlaughterDistrict of Columbia Court of Appeals · 2005
- Greenier v. BreasonAppellate Division of the Supreme Court of the State of New York · 1998
- S. G. v. D. M.New York City Family Court · 1996