Matter of Isabel T. v. Lucien W.

Appellate Division of the Supreme Court of New York

Matter of Isabel T. v. Lucien W.

138 A.D.3d 521, 28 N.Y.S.3d 316

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

DecidedApril 14, 2016

Docket824

StatusPublished

Cited by2 cases

This text of 138 A.D.3d 521 (Matter of Isabel T. v. Lucien W.) 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

Matter of Isabel T. v. Lucien W., 138 A.D.3d 521, 28 N.Y.S.3d 316 (N.Y. Ct. App. 2016).

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Opinion

Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about March 17, 2015, which, after a fact-finding hearing, dismissed petitioner’s family offense petition against respondent, unanimously affirmed, without costs.

Petitioner failed to establish, by a fair preponderance of the evidence, that respondent had committed the family offenses of harassment in the second degree and disorderly conduct (Matter of Tamara A. v Anthony Wayne S., 110 AD3d 560, 560 [1st Dept 2013]). Family Court found neither party to be credible, and its finding is supported by the record and entitled to deference (see Matter of Buskey v Buskey, 133 AD3d 655, 656 [2d Dept 2015]).

Concur — Mazzarelli, J.P., Acosta, Moskowitz, Gische and Webber, JJ.

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Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about March 17, 2015, which, after a fact-finding hearing, dismissed petitioner’s family offense petition against respondent, unanimously affirmed, without costs.

Petitioner failed to establish, by a fair preponderance of the evidence, that respondent had committed the family offenses of harassment in the second degree and disorderly conduct (Matter of Tamara A. v Anthony Wayne S., 110 AD3d 560, 560 [1st Dept 2013]). Family Court found neither party to be credible, and its finding is supported by the record and entitled to deference (see Matter of Buskey v Buskey, 133 AD3d 655, 656 [2d Dept 2015]).

Concur — Mazzarelli, J.P., Acosta, Moskowitz, Gische and Webber, JJ.

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Bluebook (online)

138 A.D.3d 521, 28 N.Y.S.3d 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-isabel-t-v-lucien-w-nyappdiv-2016.

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