Appellate Division of the Supreme Court of New York, 2003

Victoria C. v. Higinio C.

Appellate Division of the Supreme Court of New York · Decided November 13, 2003

1 A.D.2d 173; 766 N.Y.S.2d 563; 1 A.D.3d 173; 2003 N.Y. App. Div. LEXIS 11884

Cases that cite this one

2 later published cases cite this decision.

Matter of Onealyah M. v. Michael G.E. (Appellate Division of the Supreme Court of New York 2024)
Polanco v. Dilone (NYC Family Court 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*174Order, Family Court, New York County (Richard Ross, J.), entered on or about March 30, 2000, which granted petitioner a three-year order of protection based on aggravating circumstances, excluded appellant from the marital residence and directed appellant to pay petitioner restitution in the amount of $592.50, unanimously affirmed, without costs.

The court’s finding that appellant committed numerous violent acts against petitioner was fully supported by credible testimony. These aggravating circumstances justified an order of protection for three years, as well as exclusion of appellant from the marital residence (see Family Ct Act § 827 [a] [vii]; § 842; Matter of Quintana v Quintana, 237 AD2d 130 [1997]; Leffingwell v Leffingwell, 86 AD2d 929 [1982]). The court also properly ordered appellant to pay restitution for petitioner’s personal items disposed of by appellant (Family Ct Act § 841 [e]). The existence and cost of these items were established by petitioner’s credible testimony. Concur—Nardelli, J.P., Tom, Ellerin, Lerner and Friedman, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.