Legal Opinion

Bongiorno v. Bongiorno

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

Decided November 17, 2003Published

1Opinion of the Court

— In a family offense proceeding pursuant to Family Court Act article 8, Antonina Bongiorno appeals from an order of the Family Court, Queens County (Heffernan, J), dated December 16, 2002, which, after a hearing, dismissed her petition for an order of protection against Andrea Bongiorno.

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

The Family Court properly dismissed the petition upon its finding that the petitioner failed to establish by a preponderance of the evidence that the respondent committed acts constituting a cognizable family offense (see Family Ct Act § 832).…

2Cases cited1 opinion

  1. Pearsall v. Martin-ZenickAppellate Division of the Supreme Court of the State of New York · 1999

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