Amber JJ. v. Michael KK.
Cases that cite this one
22 later published cases cite this decision.
- Matter of Marvin I. v. Raymond I. (Appellate Division of the Supreme Court of New York 2021)
- Matter of Wandersee v. Pretto (Appellate Division of the Supreme Court of New York 2020)
- Matter of Alison EE. v. Stephen FF. (Appellate Division of the Supreme Court of New York 2026)
- Matter of Carney v. Carney (Appellate Division of the Supreme Court of New York 2024)
- Matter of Walter Q. v. Stephanie R. (Appellate Division of the Supreme Court of New York 2022)
- Matter of Paul Y. v. Patricia Z. (Appellate Division of the Supreme Court of New York 2021)
- Matter of McKenzie v. Berkovitch (Appellate Division of the Supreme Court of New York 2021)
- Matter of Schade v. Kupferman (Appellate Division of the Supreme Court of New York 2020)
- Matter of Vincent X. v. Christine Y. (Appellate Division of the Supreme Court of New York 2017)
- Matter of Evelyn EE. v. Lorraine B. (Appellate Division of the Supreme Court of New York 2017)
- Matter of Elizabeth X. v. Irving Y. (Appellate Division of the Supreme Court of New York 2015)
- Matter of Marcela H-A. v. Azouhouni A. (Appellate Division of the Supreme Court of New York 2015)
- Lynn TT. v. Joseph O. (Appellate Division of the Supreme Court of New York 2015)
- Lynn TT. v. Joseph O. (Appellate Division of the Supreme Court of New York 2015)
- Matter of Campbell v. Campbell (Appellate Division of the Supreme Court of New York 2014)
- Jennifer JJ. v. Scott KK. (Appellate Division of the Supreme Court of New York 2014)
- Jennifer JJ. v. Scott KK. (Appellate Division of the Supreme Court of New York 2014)
- Pamela N. v. Neil N. (Appellate Division of the Supreme Court of New York 2012)
- BECK, AVIS M. v. BUTLER, ROBERT LEONARD (Appellate Division of the Supreme Court of New York 2011)
- Beck v. Butler (Appellate Division of the Supreme Court of New York 2011)
- Nezaj v. Brahimi (Appellate Division of the Supreme Court of New York 2011)
- Mabel R. v. Rayshawn D. (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
The mother was the sole witness at the fact-finding hearing. Finding her testimony credible, Family Court thereafter found by a preponderance of the evidence that the father had committed the family offense of harassment. The court issued an order of protection requiring the father to stay away from the mother and their son for a period of one year. The father appeals.
Family Court’s family offense finding was supported by the record. The mother bore the burden of demonstrating that the father committed a family offense by a preponderance of the evidence (see Family Ct Act § 832; Matter of Chadwick F. v Hilda G., 77 AD3d 1093, 1093-1094 [2010], lv denied 16 NY3d 703 [2011]). As relevant herein, “[a] person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person . . . [h]e or she engages in a course of conduct . . . which alarm[s] or seriously annoy[s] such other person and which serve[s] no legitimate purpose” (Penal Law
Here, Family Court expressly found that the father’s actions in the mother’s apartment on April 20, 2010 were intended solely to harass, annoy or alarm her. Similarly, the court found that the father’s later conduct in the street whereby he yelled obscenities and threats at the mother’s friends was committed in her presence with the intent to intimidate her and clearly served no legitimate purpose. According due deference to the court’s credibility determinations (see Matter of Shelly RR. v Frank SS., 72 AD3d 1426, 1426-1427 [2010], lv denied 15 NY3d 705 [2010]; Matter of Boulerice v Heaney, 45 AD3d 1217, 1218-1219 [2007]), we find that the proof of the father’s course of conduct, beginning with the lengthy verbal abuse and aggressive behavior in her apartment, followed by the taunts and threats he later yelled in the street, was sufficient to establish by a fair preponderance of the evidence that he engaged in acts constituting harassment in the second degree (see Family Ct Act § 832; Matter of Chadwick F. v Hilda G., 77 AD3d at 1093-1094; Matter of Cukerstein v Wright, 68 AD3d 1367, 1369 [2009]).
The remaining arguments raised by the father have been examined and found to be unpersuasive.
Mercure, J.E, Rose and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.
The mother testified that the father held the child’s ankle so tightly a bruise was left on his leg and, consequently, Family Court ordered the Columbia County Department of Social Services to complete a child protective investigation into the allegations (see Family Ct Act § 1034).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.