Matter of Cole v. Muirhead
Appellate Division of the Supreme Court of the State of New York
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
- Creighton v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 2010
- Cassie v. CassieAppellate Division of the Supreme Court of the State of New York · 2013
- Kaur v. SinghAppellate Division of the Supreme Court of the State of New York · 2010
- Tulshi v. TulshiAppellate Division of the Supreme Court of the State of New York · 2014
- Streat v. StreatAppellate Division of the Supreme Court of the State of New York · 2014
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3Cited by5 opinions
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- Matter of Nunez v. DiazAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Batista v. IqbalAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Butler-Moore v. ButlerAppellate Division of the Supreme Court of the State of New York · 2017