Legal Opinion

Matter of Garcia v. Marini

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

Decided November 18, 2015No. 2014-09367PublishedCited by 1 opinion

1Opinion of the Court

Appeal from an order of protection of the Family Court, Westchester County (David Klein, J.), dated August 25, 2014. The order of protection, after a hearing, upon a finding, in effect, that the appellant committed the family offenses of disorderly conduct and harassment in the second degree, directed the appellant, inter alia, to stay away from the petitioner and the parties’ child for a period up to and including August 25, 2016.

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

A family offense must be established by a fair preponderance of the evidence (see…

2Cases cited9 opinions

  1. Cassie v. CassieAppellate Division of the Supreme Court of the State of New York · 2013
  2. Lynn TT. v. Joseph O.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Tulshi v. TulshiAppellate Division of the Supreme Court of the State of New York · 2014
  4. Bazante v. BazanteAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matter of Giresi-Palazzolo v. PalazzoloAppellate Division of the Supreme Court of the State of New York · 2015

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3Cited by1 opinion

  1. Matter of Shank v. ShankAppellate Division of the Supreme Court of the State of New York · 2017

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