Legal Opinion

Smith v. Amedee

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

Decided December 19, 2012Published

1Opinion of the Court

“The determination of whether a family offense was committed is a factual issue to be resolved by the hearing court” (Matter of Creighton v Whitmore, 71 AD3d 1141, 1141 [2010]; see Family Ct Act §§ 812, 832; Matter of Kaur v Singh, 73 AD3d 1178 [2010]), “and that court’s determination regarding the credibility of witnesses is entitled to considerable deference on appeal” (Matter of Cruz v Rodriguez, 96 AD3d 838, 838 [2012]; see Matter of Kaur v Singh, 73 AD3d at 1178; Matter of Creighton v Whitmore, 71 AD3d at 1141). Contrary to the appellant’s contention, a fair preponderance of the credible…

2Cases cited5 opinions

  1. Creighton v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 2010
  2. Pearlman v. PearlmanAppellate Division of the Supreme Court of the State of New York · 2010
  3. Kaur v. SinghAppellate Division of the Supreme Court of the State of New York · 2010
  4. Cruz v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2012
  5. Knibbs v. ZemanAppellate Division of the Supreme Court of the State of New York · 2011

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