Zhuo Hong Zheng v. Cheng
| Citation | 2016 N.Y. Slip Op. 08084,144 A.D.3d 1166,42 N.Y.S.3d 290 |
| Parties | In the Matter of Zhuo Hong ZHENG, appellant, v. Hsin CHENG, respondent. |
| Decision Date | 30 November 2016 |
| Court | New York Supreme Court — Appellate Division |
144 A.D.3d 1166
42 N.Y.S.3d 290
2016 N.Y. Slip Op. 08084
In the Matter of Zhuo Hong ZHENG, appellant,
v.
Hsin CHENG, respondent.
Supreme Court, Appellate Division, Second Department, New York.
Nov. 30, 2016.
Arnold & Porter LLP, New York, N.Y. (Maggie C. Maurone of counsel), and Anna Maria Diamanti, Brooklyn, N.Y., for appellant (one brief filed).
Michael D. Carlin, Brooklyn, N.Y., for respondent.
L. PRISCILLA HALL, J.P., SANDRA L. SGROI, JOSEPH J. MALTESE, and COLLEEN D. DUFFY, JJ.
Appeal by the petitioner from an order of the Family Court,
Kings County (Adam Silvera, J.), dated January 4, 2016. The order, after a hearing, dismissed the petitioner's family offense petition.
ORDERED that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, the petition is granted, and the matter is remitted to the Family Court, Kings County, for a dispositional hearing and the entry of an appropriate order of disposition thereafter, and for the issuance of a new temporary order of protection pending the disposition.
The petitioner commenced this family offense proceeding pursuant to Family Court Act article 8 against the respondent, the father of the parties' child, alleging that he committed the family offenses of, inter alia, disorderly conduct and harassment in the second degree. After a hearing, the Family Court dismissed the petition, concluding that, although the petitioner's testimony was credible, she nonetheless failed to meet her burden of demonstrating that a family offense was committed.
The allegations in a family offense proceeding must be “supported by a fair preponderance of the evidence” (Family Ct. Act § 832 ; see Matter of Tulshi v. Tulshi, 118 A.D.3d 716, 986 N.Y.S.2d 350 ; Matter of Zina L. v. Eldred L., 113...
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...the evidence" ( M.B. v. L.T., 152 A.D.3d 475, 476, 58 N.Y.S.3d 491 ; see Family Ct. Act § 832 ; Matter of Zhou Hong Zheng v. Hsin Cheng, 144 A.D.3d 1166, 1167, 42 N.Y.S.3d 290 ). "The determination of whether a family offense was committed is a factual issue to be resolved by the hearing co......
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M.B. v. L.T.
...(see Penal Law § 240.26[3] ; Rosenstock v. Rosenstock, 149 A.D.3d 887, 51 N.Y.S.3d 593 ; Matter of Zhou Hong Zheng v. Hsin Cheng, 144 A.D.3d 1166, 42 N.Y.S.3d 290 ). Although the father alleges that the mother was the initial aggressor during one or more incidents, and that the injuries she......
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Bedford v. Seeley, 526822
...did not err in finding that respondent committed the family offense of disorderly conduct (see Matter of Zhuo Hong Zheng v. Hsin Cheng , 144 A.D.3d 1166, 1167, 42 N.Y.S.3d 290 [2016] ; Matter of Tucker v. Miller , 138 A.D.3d 1383, 1384, 30 N.Y.S.3d 414 [2016], lv denied 28 N.Y.3d 904, 2016 ......