Cindy O. v. Edna C., 108 A.D.3d 410 (N.Y. App. Div. 2013). · Go Syfert
Cindy O. v. Edna C., 108 A.D.3d 410 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Johnson v. Ann-Gur Realty Corp. (nyappdiv, 2014-05-13)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Johnson v. Ann-Gur Realty Corp.
N.Y. App. Div. · 2014 · confidence medium
Hagensen v Ferro, Kuba, Mangano, Skylar, Gacovino & Lake, P.C., 108 AD3d 410, 411 [1st Dept 2013]).
cited Cited as authority (rule) Johnson v. Ann-Gur Realty Corp.
N.Y. App. Div. · 2014 · confidence medium
Hagensen v Ferro, Kuba, Mangano, Skylar, Gacovino & Lake, P.C., 108 AD3d 410, 411 [1st Dept 2013]).
Retrieving the full opinion text from the archive…
In the Matter of Cindy O.
v.
Edna C.
Appellate Division of the Supreme Court of the State of New York.
Jul 2, 2013.
108 A.D.3d 410
Published

Order, Family Court, Bronx County (David Gilman, J.H.O.), entered on or about August 7, 2012, which, after a fact-finding hearing, dismissed the petitions for orders of protection against respondents, unanimously affirmed, without costs.

Petitioner failed to establish by a preponderance of the evidence that respondents, her mother and her uncle, committed acts that would constitute harassment in the second degree, menacing in the third degree, or disorderly conduct (Penal Law §§ 240.26 [2]; 120.15, 240.20; Family Ct Act § 832). The evidence indicates that the parties had a single altercation at the entranceway to their apartment when petitioner returned in the late evening with an unknown man. During the incident, petitioner’s uncle picked up a knife in the kitchen and told petitioner she could not come in with the man, while petitioner’s mother blocked the door. The incident ended with the arrest of petitioner. Petitioner’s testimony, which was not credited by the court, was in any event insufficient to establish any of the alleged offenses (see Matter of Rafael F. v Pedro Pablo N., 106 AD3d 635 [1st Dept 2013]). Concur — Friedman, J.P., Sweeny, DeGrasse, Richter and Feinman, JJ.