Rubackin v. Rubackin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Angiolillo, J.
The appeal in this family offense proceeding raises the question of what standard of proof is necessary to sustain a finding that a respondent has failed to obey a lawful order of the Family Court, when the remedy to be imposed is a period of incarceration pursuant to Family Court Act § 846-a. It is appropriate to address this question notwithstanding the fact that the period of incarceration imposed on the appellant, Robert Rubackin, has expired, and thus, the appeal from that portion of the order must be dismissed. Although the period of the appellant’s…
2Cases cited29 opinions
- Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
- Michaelson v. United States Ex Rel. Chicago, St. P., M. & OR Co.Supreme Court of the United States · 1924
- McCormick v. AxelrodNew York Court of Appeals · 1983
- Department of Environmental Protection v. Department of Environmental ConservationNew York Court of Appeals · 1987
- Dalessio v. KresslerAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by42 opinions
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- Rubin v. RubinAppellate Division of the Supreme Court of the State of New York · 2010
- In re Telsa Z.Appellate Division of the Supreme Court of the State of New York · 2010
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