Legal Opinion

Cindy O. v. Edna C.

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

Decided July 2, 2013Published

1Opinion of the Court

Order, Family Court, Bronx County (David Gilman, J.H.O.), entered on or about August 7, 2012, which, after a fact-finding hearing, dismissed the petitions for orders of protection against respondents, unanimously affirmed, without costs.

Petitioner failed to establish by a preponderance of the evidence that respondents, her mother and her uncle, committed acts that would constitute harassment in the second degree, menacing in the third degree, or disorderly conduct (Penal Law §§ 240.26 [2]; 120.15, 240.20; Family Ct Act § 832). The evidence indicates that the parties had a single altercation…

2Cases cited1 opinion

  1. Rafael F. v. Pablo N.Appellate Division of the Supreme Court of the State of New York · 2013

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