Matter of Jose M.R. v. Arian S.
Docket: Docket No. O-02944/20, O-04339/20 Appeal No. 16469-16470 Case No. 2022-00321, 2022-00318
Court: Appellate Division of the Supreme Court of the State of New York; October 18, 2022; New York; State Appellate Court
Original Court Document: View Document
In the case Matter of Jose M.R. v Arian S., the Appellate Division, First Department, modified a Family Court order regarding family offenses committed by Arian S. against Jose M.R. The court affirmed the finding of disorderly conduct and harassment in the second degree against Arian S., based on evidence that Arian struck Jose with bottles and threatened him in public, creating alarm. However, the court vacated findings of second and third-degree assault, determining that evidence of injuries was insufficient to meet the legal standard for serious physical injury. The order of protection for Jose M.R. was upheld, while Arian S.'s petition for an order of protection was dismissed. The judgment was made after a fact-finding hearing, with the ruling issued on October 18, 2022. The decisions were reached unanimously by the judges involved, with no costs assigned. Jose R.'s testimony fails to prove that Arian S. intentionally caused physical injury using a dangerous instrument, as required by Penal Law sections 10.00[9] and 120.05[2]. Additionally, the testimony does not demonstrate that Jose R.'s injuries resulted in physical impairment or substantial pain under Penal Law sections 10.00[9] and 120.00[1]. Arian S. was not denied due process when the Family Court modified the petition based on the evidence presented during the hearing, as he could not be surprised by his own admissions. The Family Court found Jose R. to be more credible than Arian S., and the evidence indicated that Arian S. might have been the initial aggressor. Medical records alone do not substantiate a family offense of assault by Jose R. The fact-finding testimony justified the issuance of a two-year order of protection against Arian S. to prevent further family disruption, in accordance with Family Court Act section 842[a]. This decision and order was entered on October 18, 2022.