Legal Opinion

Drita F. v. Joseph I.R.

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

Decided October 27, 2011PublishedCited by 1 opinion

1Opinion of the Court

The determination that respondent committed the offense of harassment in the second degree and violated an order of protection, was supported by a fair preponderance of the credible evidence (see Penal Law § 240.26 [2]; Family Ct Act § 832). A witness testified that respondent followed him and petitioner for several blocks, that respondent and petitioner argued, and that the witness and petitioner walked in a different direction in an effort to avoid respondent. There exists no basis to disturb the credibility determinations of the Referee (see Matter of Hunt v Hunt, 51 AD3d 924, 925 [2008]).

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2Cases cited1 opinion

  1. Hunt v. HuntAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by1 opinion

  1. Matter of Marcela H-A. v. Azouhouni A.Appellate Division of the Supreme Court of the State of New York · 2015

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