Legal Opinion

Matter of Tumba v. Gharib

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

Decided April 1, 2015No. 2014-05460PublishedCited by 4 opinions

1Opinion of the Court

Appeal from an order of the Family Court, Kings County (Michael L. Katz, J.), dated May 8, 2014. The order, after a hearing, denied the mother’s amended family offense petition, vacated a temporary order of protection issued by that court on April 25, 2014, and dismissed the proceeding.

Ordered that the order dated May 8, 2014, is affirmed, without costs or disbursements.

“In a family offense proceeding, the petitioner has the burden of establishing, by a ‘fair preponderance of the evidence,’ that the charged conduct was committed as alleged in the petition” (Matter of Cassie v Cassie, 109 AD3d…

2Cases cited6 opinions

  1. Creighton v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 2010
  2. Cassie v. CassieAppellate Division of the Supreme Court of the State of New York · 2013
  3. Maiorino v. MaiorinoAppellate Division of the Supreme Court of the State of New York · 2013
  4. Streat v. StreatAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Blackett v. BlackettAppellate Division of the Supreme Court of the State of New York · 2014

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3Cited by4 opinions

  1. Matter of Polizzi v. McCreaAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Charrat v. JeantyAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Quinones v. PalmaAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Gjelaj v. GjelajAppellate Division of the Supreme Court of the State of New York · 2019

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