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5 New York opinions name it 1 courts 1986–2010 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Reyellgreen1 sentence2010Although that order is not contained in the record on appeal, the order that is the subject of this appeal reflects that the prior order directed that the grandparents shall have “reasonable visitation as the parties can agree.” We note at the outset that Family Court erred in determining that “any future violation” of the order on appeal would be deemed to be willful, inasmuch as a determination of a willful violation is made only after a full evidentiary hearing (see Matter of Elliot v Marble, 49 AD3d 923, 924 [2008]; see generally Matter of Hoglund v Hoglund, 234 AD2d 794, 795 [1996]). | 1 | 1 |
Elliot v. Marblegreen1 sentence2010Although that order is not contained in the record on appeal, the order that is the subject of this appeal reflects that the prior order directed that the grandparents shall have “reasonable visitation as the parties can agree.” We note at the outset that Family Court erred in determining that “any future violation” of the order on appeal would be deemed to be willful, inasmuch as a determination of a willful violation is made only after a full evidentiary hearing (see Matter of Elliot v Marble, 49 AD3d 923, 924 [2008]; see generally Matter of Hoglund v Hoglund, 234 AD2d 794, 795 [1996]). | 1 | 1 |
In re Shelbygreen1 sentence2009Such a finding, which permits a sanction of up to six months in jail, “requires that competent evidence be presented that establishes the willfulness of the violation by clear and convincing evidence” (Matter of Brittany T, 48 AD3d 995, 997 [2008]; see Matter of Shelby B., 55 AD3d 986, 987 [2008]). | 1 | 1 |
In re Brittany T.green1 sentence2009Such a finding, which permits a sanction of up to six months in jail, “requires that competent evidence be presented that establishes the willfulness of the violation by clear and convincing evidence” (Matter of Brittany T, 48 AD3d 995, 997 [2008]; see Matter of Shelby B., 55 AD3d 986, 987 [2008]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gerard M. v. Dyandria M.
green
1 sentence2009In contrast to the cases that referenced a lesser standard, in a case where the respondent was found to have committed 10 violations of orders of protection, the Appellate Division, First Department clearly treated the matter as one for criminal contempt with a standard of proof of beyond a reasonable doubt (see Matter of Dyandria D., 22 AD3d 354 [2005]). | 1 | 2009–2009 |
Unicorn Developers, Ltd. v. Commissioner of Labor
green
1 sentence1996As the prime contractor, petitioner is responsible for Nor sea Corporation’s failure to make proper wage and supplement payments (see, Labor Law § 223; Unicorn Developers v Commissioner of Labor of State of N. Y., 190 AD2d 807 ). | 1 | 1996–1996 |
Campagna v. Hill
neutral
1 sentence1986The hearing need not follow any particular form (Matter of Campagna v Hill, 53 AD2d 1050 ). | 1 | 1986–1986 |