Cutter v. Feldman

Appellate Division of the Supreme Court of New York

Cutter v. Feldman

23 A.D.3d 557, 804 N.Y.S.2d 781

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

DecidedNovember 21, 2005

StatusPublished

Cited by1 cases

This text of 23 A.D.3d 557 (Cutter v. Feldman) 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

Cutter v. Feldman, 23 A.D.3d 557, 804 N.Y.S.2d 781 (N.Y. Ct. App. 2005).

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Opinion

In a proceeding pursuant to Family Court Act article 8, the father appeals from an order of protection of the Family Court, Kings County (Silber, J.), dated October 15, 2004, which, upon a finding that he had committed acts which would constitute the offenses of disorderly conduct, harassment, and menacing, directed him, inter alia, to stay away from the mother and the parties’ child, other than for court-ordered visitation.

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

The petition alleged that the appellant and the petitioner shared a “child in common” (Family Ct Act § 812 [1] [d]), named the petitioner’s child, and specified that the appellant was the child’s father. Under these circumstances, the Family Court properly determined that it had jurisdiction over this matter (see Family Ct Act § 812 [1]).

The record supports the court’s determination that, based on a preponderance of the evidence, the father engaged in acts [558]*558which would constitute the offenses of disorderly conduct, harassment, and menacing warranting the issuance of the order of protection (see Family Ct Act § 832; Matter of Marsha C. v Latoya D., 224 AD2d 522 [1996]). Moreover, the Family Court’s finding was not against the weight of the evidence (see Matter of Cleary v Morgan, 306 AD2d 475 [2003]; Matter of Samora v Coutsoukis, 292 AD2d 390 [2002]).

The appellant’s remaining contentions are without merit. H. Miller, J.P., Luciano, Fisher and Covello, JJ., concur.

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In a proceeding pursuant to Family Court Act article 8, the father appeals from an order of protection of the Family Court, Kings County (Silber, J.), dated October 15, 2004, which, upon a finding that he had committed acts which would constitute the offenses of disorderly conduct, harassment, and menacing, directed him, inter alia, to stay away from the mother and the parties’ child, other than for court-ordered visitation.

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

The petition alleged that the appellant and the petitioner shared a “child in common” (Family Ct Act § 812 [1] [d]), named the petitioner’s child, and specified that the appellant was the child’s father. Under these circumstances, the Family Court properly determined that it had jurisdiction over this matter (see Family Ct Act § 812 [1]).

The record supports the court’s determination that, based on a preponderance of the evidence, the father engaged in acts [558]*558which would constitute the offenses of disorderly conduct, harassment, and menacing warranting the issuance of the order of protection (see Family Ct Act § 832; Matter of Marsha C. v Latoya D., 224 AD2d 522 [1996]). Moreover, the Family Court’s finding was not against the weight of the evidence (see Matter of Cleary v Morgan, 306 AD2d 475 [2003]; Matter of Samora v Coutsoukis, 292 AD2d 390 [2002]).

The appellant’s remaining contentions are without merit. H. Miller, J.P., Luciano, Fisher and Covello, JJ., concur.

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Bluebook (online)

23 A.D.3d 557, 804 N.Y.S.2d 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cutter-v-feldman-nyappdiv-2005.

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