Legal Opinion

Matter of Sealy v. Sealy

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

Decided December 2, 2015No. 2014-11158PublishedCited by 5 opinions

1Opinion of the Court

Appeal from an order of the Family Court, Queens County (Dennis Lebwohl, J.), dated October 31, 2014. The order, upon the granting of the husband’s motion, made at the close of the wife’s case at a fact-finding hearing, to dismiss the petition for failure to make out a prima facie case, dismissed the petition.

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

A family offense must be established by a fair preponderance of the evidence (see Family Ct Act § 832; Matter of Tulshi v Tulshi, 118 AD3d 716 [2014]; Matter of Khan-Soleil v Rashad, 108 AD3d 544 [2013]; Matter of Thomas…

2Cases cited7 opinions

  1. Tulshi v. TulshiAppellate Division of the Supreme Court of the State of New York · 2014
  2. Thomas v. ThomasAppellate Division of the Supreme Court of the State of New York · 2010
  3. Khan-Soleil v. RashadAppellate Division of the Supreme Court of the State of New York · 2013
  4. Matter of Goldring v. SpreiAppellate Division of the Supreme Court of the State of New York · 2014
  5. Sellers v. Sellers-BoykinAppellate Division of the Supreme Court of the State of New York · 2010

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

3Cited by5 opinions

  1. Matter of Mayers v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Mack v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Sabatino v. AlagonaAppellate Division of the Supreme Court of the State of New York · 2023
  4. Matter of Johnson v. PrattAppellate Division of the Supreme Court of the State of New York · 2023
  5. Matter of Straight v. SchrouterAppellate Division of the Supreme Court of the State of New York · 2019

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