Reiss v. Reiss

Appellate Division of the Supreme Court of New York

Reiss v. Reiss

221 A.D.2d 280, 221 N.Y.S.2d 467, 1995 N.Y. App. Div. LEXIS 12170

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

DecidedNovember 28, 1995

StatusPublished

Cited by3 cases

This text of 221 A.D.2d 280 (Reiss v. Reiss) 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

Reiss v. Reiss, 221 A.D.2d 280, 221 N.Y.S.2d 467, 1995 N.Y. App. Div. LEXIS 12170 (N.Y. Ct. App. 1995).

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Opinion

—Order, Family Court, New York County (Mary Bednar, J.), entered September 26, 1994, which granted petitioner an order of protection, following a fact-finding determination that respondent committed a family offense by engaging in conduct that constitutes harassment in the second degree, unanimously affirmed, without costs.

Respondent’s intent to commit harassment in the second degree was properly inferred from the surrounding circumstances (see, Kellermueller v Port Auth., 201 AD2d 427, 429, citing People v Collins, 178 AD2d 789), including, in particular, the 44 year old respondent lying on the living room floor of petitioner, his mother, for a day and a half. Concur—Rosenberger, J. P., Rubin, Kupferman, Asch and Williams, JJ.

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—Order, Family Court, New York County (Mary Bednar, J.), entered September 26, 1994, which granted petitioner an order of protection, following a fact-finding determination that respondent committed a family offense by engaging in conduct that constitutes harassment in the second degree, unanimously affirmed, without costs.

Respondent’s intent to commit harassment in the second degree was properly inferred from the surrounding circumstances (see, Kellermueller v Port Auth., 201 AD2d 427, 429, citing People v Collins, 178 AD2d 789), including, in particular, the 44 year old respondent lying on the living room floor of petitioner, his mother, for a day and a half. Concur—Rosenberger, J. P., Rubin, Kupferman, Asch and Williams, JJ.

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Bluebook (online)

221 A.D.2d 280, 221 N.Y.S.2d 467, 1995 N.Y. App. Div. LEXIS 12170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reiss-v-reiss-nyappdiv-1995.

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