Legal Opinion

Howell v. Howell

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

Decided April 10, 2013Published

1Opinion of the Court

—In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Kings County (Cannataro, J.), dated April 4, 2012, which, after a hearing, dismissed the petition and vacated a temporary order of protection against the respondent.

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

“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 Clarke-Golding v…

2Cases cited6 opinions

  1. Creighton v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 2010
  2. Kaur v. SinghAppellate Division of the Supreme Court of the State of New York · 2010
  3. Halper v. HalperAppellate Division of the Supreme Court of the State of New York · 2009
  4. Clarke-Golding v. GoldingAppellate Division of the Supreme Court of the State of New York · 2012
  5. Robinson v. BennettAppellate Division of the Supreme Court of the State of New York · 2008

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