Ortiz v. Colon

Appellate Division of the Supreme Court of New York

Ortiz v. Colon

92 A.D.3d 511, 938 N.Y.2d 427

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

DecidedFebruary 14, 2012

StatusPublished

This text of 92 A.D.3d 511 (Ortiz v. Colon) 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

Ortiz v. Colon, 92 A.D.3d 511, 938 N.Y.2d 427 (N.Y. Ct. App. 2012).

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Opinion

Dismissal of the petition was appropriate since petitioner failed to establish by a preponderance of the evidence that respondent committed acts that would constitute harassment in the second degree (Fenal Law § 240.26 [2]; Family Ct Act § 832). There exists no basis to disturb the credibility determinations of the Family Court (see Matter of Everett C. v Oneida P., 61 AD3d 489 [2009]). Concur — Mazzarelli, J.E, Saxe, Moskowitz, Freedman and Manzanet-Daniels, JJ.

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Dismissal of the petition was appropriate since petitioner failed to establish by a preponderance of the evidence that respondent committed acts that would constitute harassment in the second degree (Fenal Law § 240.26 [2]; Family Ct Act § 832). There exists no basis to disturb the credibility determinations of the Family Court (see Matter of Everett C. v Oneida P., 61 AD3d 489 [2009]). Concur — Mazzarelli, J.E, Saxe, Moskowitz, Freedman and Manzanet-Daniels, JJ.

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Bluebook (online)

92 A.D.3d 511, 938 N.Y.2d 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortiz-v-colon-nyappdiv-2012.

Opinion

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