Legal Opinion
Ovsanik v. Ovsanik
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 2011PublishedCited by 4 opinions
1Opinion of the Court
Memorandum:
In this proceeding pursuant to Family Court Act article 8, respondent contends that Family Court erred in determining that he committed against petitioner the family offense of stalking in the fourth degree (Penal Law § 120.45 [2]). We agree. Petitioner failed to meet her burden of proving by a preponderance of the evidence that respondent committed acts constituting that family offense (see Family Ct Act §§ 812, 832; see generally Matter of Tammy J.H. v John W.H., 42 AD3d 974 [2007]). The record establishes that the parties were married in 1987 and that, on at least two occasions…
2Cases cited8 opinions
- People v. StuartNew York Court of Appeals · 2003
- Julie G. v. Yu-Jen G.Appellate Division of the Supreme Court of the State of New York · 2011
- Amy SS. v. John SS.Appellate Division of the Supreme Court of the State of New York · 2009
- Opray v. FitzharrisAppellate Division of the Supreme Court of the State of New York · 2011
- Di Donna v. Di DonnaNew York City Family Court · 1972
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3Cited by4 opinions
- M.B. v. L.T.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of Charalambous v. ZohiosAppellate Division of the Supreme Court of the State of New York · 2015
- M.B. v. L.T.Appellate Division of the Supreme Court of the State of New York · 2017
- M.B. v. L.T.Appellate Division of the Supreme Court of the State of New York · 2017