In re Derrick N., 228 A.D.2d 445 (N.Y. App. Div. 1996). · Go Syfert
In re Derrick N., 228 A.D.2d 445 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
7 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Weh Chih Wang v. SDI International, Inc. (nyappdiv, 2003-05-12)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Weh Chih Wang v. SDI International, Inc.
N.Y. App. Div. · 2003 · confidence medium
Ciccarone, the Supreme Court providently exercised its discretion in imposing a sanction against her for engaging in frivolous conduct within the meaning of 22 NYCRR 130-1.1 (c) (see Matter of Elizabeth R., 228 AD2d 445, 446 [1996]; cf. Matter of 1051 Enters. v DeBeer, 230 AD2d 731, 732 [1996]).
cited Cited as authority (rule) Muzio v. Brown
N.Y. App. Div. · 2003 · confidence medium
Conduct is frivolous and can be sanctioned if it is completely without merit or it is undertaken to harass or maliciously injure another (see Matter of Elizabeth R., 228 AD2d 445, 446 [1996]).
Retrieving the full opinion text from the archive…
In the Matter of Derrick N.
Appellate Division of the Supreme Court of the State of New York.
Jun 3, 1996.
228 A.D.2d 445
1996 N.Y. App. Div. LEXIS 6196
Cited by 3 opinions  |  Published

Viewing the evidence in the light most favorable to the presenting agency (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the appellant had committed an act which, if committed by an adult, would constitute assault in the third degree (see, Penal Law § 120.00). Moreover, the Family Court’s findings of fact are to be afforded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, Matter of Joseph J., 205 AD2d 776, 777). Upon the exercise of our factual review power, we find that the finding of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). Sullivan, J. P., Copertino, Santucci and Goldstein, JJ., concur.