Legal Opinion
Matter of Thelma U. v. Miko U.
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2016No. 2455PublishedCited by 3 opinions
1Opinion of the Court
Order, Family Court, New York County (Monica D. Shulman, Ref.), entered on or about July 10, 2014, which, upon a fact-finding determination, inter alia, dismissed the petition seeking an order of protection due to insufficient evidence of a family offense, unanimously affirmed, without costs.
The determination that respondent’s actions did not rise to the family offense of either disorderly conduct or harassment in the second degree is supported by a fair preponderance of the evidence (see Matter of Everett C. v Oneida P., 61 AD3d 489 [1st Dept 2009]; Penal Law §§ 240.20, 240.26 [3]). The…
2Cases cited4 opinions
- Everett C. v. Oneida P.Appellate Division of the Supreme Court of the State of New York · 2009
- F.B. v. W.B.Appellate Division of the Supreme Court of the State of New York · 1998
- Janice M. v. Terrance J.Appellate Division of the Supreme Court of the State of New York · 2012
- Lewis v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by3 opinions
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- Matter of Maame N.B. v. Godwin E.D.C.Appellate Division of the Supreme Court of the State of New York · 2019
- Matter of T.M.S. v. K.R.G.Appellate Division of the Supreme Court of the State of New York · 2025