Marte v. Caraballo
Appellate Division of the Supreme Court of the State of New York
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
- Creighton v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 2010
- Cassie v. CassieAppellate Division of the Supreme Court of the State of New York · 2013
- Testa v. StricklandAppellate Division of the Supreme Court of the State of New York · 2012
- Bah v. BahAppellate Division of the Supreme Court of the State of New York · 2013
- Shields v. BrownAppellate Division of the Supreme Court of the State of New York · 2013
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3Cited by3 opinions
- Matter of Musheyev v. MusheyevAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Blackett v. BlackettAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Nunez v. DiazAppellate Division of the Supreme Court of the State of New York · 2016