Bailey-Felton v. Felton

Appellate Division of the Supreme Court of New York

Bailey-Felton v. Felton

90 A.D.3d 652, 933 N.Y.2d 900

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

DecidedDecember 6, 2011

StatusPublished

Cited by2 cases

This text of 90 A.D.3d 652 (Bailey-Felton v. Felton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bailey-Felton v. Felton, 90 A.D.3d 652, 933 N.Y.2d 900 (N.Y. Ct. App. 2011).

Pincite

Opinion

[653]*653“The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and its determinations regarding the credibility of witnesses are entitled to great weight on appeal” (Matter of Genzen v Genzen, 74 AD3d 1196 [2010]). Here, the record supports the Family Court’s determination that the petitioner established, by a preponderance of the evidence, that the appellant committed certain family offenses, and also reveals the existence of aggravating circumstances justifying the Family Court’s five-year order of protection with respect to the petitioner and the parties’ two youngest children (see Matter of Williams v Maise, 85 AD3d 933 [2011]; Matter of Kaur v Singh, 73 AD3d 1178 [2010]; Matter of Gonzalez v Acosta, 73 AD3d 921 [2010]; Matter of Dell’Isola v Dell’lsola, 19 AD3d 488 [2005]).

The appellant’s remaining contentions are without merit. Florio, J.E, Balkin, Belen and Chambers, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

[653]*653“The determination of whether a family offense was committed is a factual issue to be resolved by the Family Court, and its determinations regarding the credibility of witnesses are entitled to great weight on appeal” (Matter of Genzen v Genzen, 74 AD3d 1196 [2010]). Here, the record supports the Family Court’s determination that the petitioner established, by a preponderance of the evidence, that the appellant committed certain family offenses, and also reveals the existence of aggravating circumstances justifying the Family Court’s five-year order of protection with respect to the petitioner and the parties’ two youngest children (see Matter of Williams v Maise, 85 AD3d 933 [2011]; Matter of Kaur v Singh, 73 AD3d 1178 [2010]; Matter of Gonzalez v Acosta, 73 AD3d 921 [2010]; Matter of Dell’Isola v Dell’lsola, 19 AD3d 488 [2005]).

The appellant’s remaining contentions are without merit. Florio, J.E, Balkin, Belen and Chambers, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

90 A.D.3d 652, 933 N.Y.2d 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-felton-v-felton-nyappdiv-2011.

Opinion

Related

Cite This Page — Counsel Stack