Narrative Opinion Summary
Arcadio Rodriguez appealed an order of protection issued by the Family Court in Queens County, which found him guilty of menacing in the third degree and disorderly conduct under Family Court Act article 8. The order, dated November 16, 2011, required him to stay away from the petitioner until November 16, 2013. The appellate court affirmed the order, concluding that the Family Court's factual determinations were supported by a preponderance of credible evidence. The court noted that the Family Court's assessments of witness credibility are afforded significant deference on appeal. The appeal was found to lack merit, with no substantial grounds to overturn the Family Court's findings. The decision was concurred by Justices Angiolillo, Belen, Roman, and Sgroi.
Legal Issues Addressed
Appellate Review of Family Court Orderssubscribe to see similar legal issues
Application: The appeal was found to lack merit, as the appellate court found no substantial grounds to overturn the Family Court's findings.
Reasoning: The appeal was found to lack merit, with no substantial grounds to overturn the Family Court's findings.
Standard of Review for Factual Determinationssubscribe to see similar legal issues
Application: The appellate court upheld the Family Court's factual findings, emphasizing the deference given to the Family Court's assessments of witness credibility.
Reasoning: The court noted that the Family Court's assessments of witness credibility are afforded significant deference on appeal.
Sufficiency of Evidence in Family Court Proceedingssubscribe to see similar legal issues
Application: The appellate court affirmed the Family Court's order, stating that the factual determinations were supported by a preponderance of credible evidence.
Reasoning: The appellate court affirmed the order, concluding that the Family Court's factual determinations were supported by a preponderance of credible evidence.