Porter v. Moore
| Decision Date | 26 April 2017 |
| Parties | In the Matter of Rucien M. PORTER, respondent, v. Shawnte MOORE, appellant. |
| Court | New York Supreme Court — Appellate Division |
149 A.D.3d 1082
53 N.Y.S.3d 174
In the Matter of Rucien M. PORTER, respondent,
v.
Shawnte MOORE, appellant.
Supreme Court, Appellate Division, Second Department, New York.
April 26, 2017.
Neal D. Futerfas, White Plains, NY, for appellant.
WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, and FRANCESCA E. CONNOLLY, JJ.
Appeals by Shawnte Moore from an order of fact-finding and disposition of the Family Court, Dutchess County (Tracy C. MacKenzie, J.), dated April 27, 2016, and an order of protection of that court also dated April 27, 2016. The order of fact-finding and disposition, after a hearing, found that Shawnte Moore committed family offenses and directed her to comply with the terms of the order of protection for a period of no more than two years. The order of protection, inter alia, directed her to refrain from having any contact with the petitioner through April 27, 2018.
ORDERED that the order of fact-finding and disposition is modified, on the facts, by deleting the provisions thereof finding that the appellant committed the family offenses of reckless endangerment and criminal mischief; as so modified, the order of fact-finding and disposition is affirmed, without costs or disbursements; and it is further,
ORDERED that the order of protection is affirmed, without costs or disbursements.
In October 2015, the petitioner commenced this family offense proceeding pursuant to Family Court Act article 8 against the appellant, the mother of one of his children. After a hearing, the Family Court found that the appellant committed the family offenses of "harassment in the first or second degree," "menacing in the second or third degree," reckless endangerment, and criminal mischief, and directed her to comply with an order of protection, dated April 27, 2016, for a period of not more than two years. The order of
protection, inter alia, directed the appellant to refrain from contact with the...
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In re Dennis X.G.D.V.
...determinations and are reluctant to disturb them unless they are clearly unsupported by the record (see Matter of Porter v. Moore, 149 A.D.3d 1082, 1083, 53 N.Y.S.3d 174 ; Matter or Andrew R. [Andrew R.], 146 A.D.3d 709, 710, 46 N.Y.S.3d 87 ; Matter of Brandon V., 133 A.D.3d 769, 769–770, 2......
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In re Dennis X.G.D.V.
...determinations and are reluctant to disturb them unless they are clearly unsupported by the record (see Matter of Porter v. Moore, 149 A.D.3d 1082, 1083, 53 N.Y.S.3d 174 ; Matter or Andrew R. [Andrew R.], 146 A.D.3d 709, 710, 46 N.Y.S.3d 87 ; Matter of Brandon V., 133 A.D.3d 769, 769–770, 2......
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Stanislaus v. Stanislaus
...great weight on appeal, such that they will not be disturbed unless clearly unsupported by the record" (matter of porter v. MOORE, 149 A.d.3d 1082, 1083, 53 n.y.s.3d 174 ; see Matter of Henderson v. Henderson, 137 A.D.3d 911, 912, 27 N.Y.S.3d 183 ).Here, the petitioner failed to establish b......
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Vella v. Dillman
...offense proceeding must be "supported by a fair preponderance of the evidence" ( Family Ct. Act § 832 ; see Matter of Porter v. Moore, 149 A.D.3d 1082, 1083, 53 N.Y.S.3d 174 ; Matter of Acevedo v. Acevedo, 145 A.D.3d 773, 774, 43 N.Y.S.3d 443 ; Matter of Silva v. Silva, 125 A.D.3d 869, 870,......