Legal Opinion

Marte v. Caraballo

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

Decided April 30, 2014PublishedCited by 3 opinions

1Opinion of the Court

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Queens County (Arias, J.), dated August 13, 2013, which, after a hearing, denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

“In a family offense proceeding, the petitioner has the burden of establishing, by a ‘fair preponderance of the evidence,’ that the charged conduct was committed as alleged in the petition” (Matter of Cassie v Cassie, 109 AD3d 337, 340 [2013], quoting Family Ct Act § 832; see…

2Cases cited6 opinions

  1. Creighton v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 2010
  2. Cassie v. CassieAppellate Division of the Supreme Court of the State of New York · 2013
  3. Testa v. StricklandAppellate Division of the Supreme Court of the State of New York · 2012
  4. Bah v. BahAppellate Division of the Supreme Court of the State of New York · 2013
  5. Shields v. BrownAppellate Division of the Supreme Court of the State of New York · 2013

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Matter of Musheyev v. MusheyevAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Blackett v. BlackettAppellate Division of the Supreme Court of the State of New York · 2014
  3. Matter of Nunez v. DiazAppellate Division of the Supreme Court of the State of New York · 2016

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