Legal Opinion

Rubackin v. Rubackin

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

Decided February 24, 2009PublishedCited by 42 opinions

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

  1. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  2. Michaelson v. United States Ex Rel. Chicago, St. P., M. & OR Co.Supreme Court of the United States · 1924
  3. McCormick v. AxelrodNew York Court of Appeals · 1983
  4. Department of Environmental Protection v. Department of Environmental ConservationNew York Court of Appeals · 1987
  5. Dalessio v. KresslerAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by42 opinions

  1. El-Dehdan v. El-DehdanAppellate Division of the Supreme Court of the State of New York · 2013
  2. Smith v. JeffersAppellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of Savas v. BruenAppellate Division of the Supreme Court of the State of New York · 2016
  4. Rubin v. RubinAppellate Division of the Supreme Court of the State of New York · 2010
  5. In re Telsa Z.Appellate Division of the Supreme Court of the State of New York · 2010

37 more not listed; retrieve them via the Exa API.

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