Appellate Division of the Supreme Court of New York, 2011

Nezaj v. Brahimi

Appellate Division of the Supreme Court of New York · Decided October 4, 2011

88 A.D.3d 723; 930 N.Y.2d 878

Cases that cite this one

1 later published case cites this decision.

Matter of Pescales v. New York State Off. of Children & Family Servs. (Appellate Division of the Supreme Court of New York 2022)

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

Contrary to the appellant’s contention, a fair preponderance *724of the evidence presented at the fact-finding hearing supported the Family Court’s determination that he had committed certain family offenses, warranting the issuance of an order of protection (see Family Ct Act § 812 [1]; § 821 [1] [a]; § 832; Matter of Williams v Maise, 85 AD3d 933 [2011]; Matter of Amber JJ. v Michael KK., 82 AD3d 1558 [2011]). Moreover, the dismissal of criminal charges against the appellant that were based on certain conduct alleged in the family offense petition did not have a res judicata effect with respect to this family offense proceeding, where proof beyond a reasonable doubt is not required (see Matter of Schneider v Arata, 81 AD3d 652, 653 [2011]).

The appellant’s remaining contentions are without merit. Prudenti, EJ., Rivera, Austin and Roman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.