Legal Opinion

Matter of Cole v. Muirhead

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

Decided February 25, 2015No. 2014-05273PublishedCited by 5 opinions

1Opinion of the Court

Appeal from an order of the Family Court, Queens County (Ronald E. Richter, J.), dated April 8, 2014. The order, after a hearing, denied the family offense petition for failure to prove a family offense by a preponderance of the evidence, and dismissed the proceeding.

Ordered that the order 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 337, 340 [2013], quoting Family Ct…

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. Kaur v. SinghAppellate Division of the Supreme Court of the State of New York · 2010
  4. Tulshi v. TulshiAppellate Division of the Supreme Court of the State of New York · 2014
  5. Streat v. StreatAppellate Division of the Supreme Court of the State of New York · 2014

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

3Cited by5 opinions

  1. Matter of Polizzi v. McCreaAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Tumba v. GharibAppellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Nunez v. DiazAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Batista v. IqbalAppellate Division of the Supreme Court of the State of New York · 2015
  5. Matter of Butler-Moore v. ButlerAppellate Division of the Supreme Court of the State of New York · 2017

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