Kaur v. Singh
Cases that cite this one
8 later published cases cite this decision.
- Alam v. Alam (Appellate Division of the Supreme Court of New York 2013)
- Alam v. Alam (Appellate Division of the Supreme Court of New York 2013)
- Matter of Jacobs v. Jacobs (Appellate Division of the Supreme Court of New York 2018)
- Matter of Campbell v. Campbell (Appellate Division of the Supreme Court of New York 2014)
- Hubbard v. DeLeon (Appellate Division of the Supreme Court of New York 2013)
- Hubbard v. DeLeon (Appellate Division of the Supreme Court of New York 2013)
- Kaur v. Singh (Appellate Division of the Supreme Court of New York 2013)
- Kaur v. Singh (Appellate Division of the Supreme Court of New York 2013)
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
At a fact-finding hearing before the Family Court, it was established by a fair preponderance of the evidence that the father committed the family offenses of reckless endangerment in the second degree (see Family Ct Act § 812 [1]; Penal Law § 120.20), menacing in the second degree (see Penal Law § 120.14 [2]; Matter of Gray v Gray, 55 AD3d 909, 910 [2008]), and assault in the second degree (see Penal Law § 120.05). Further, the Family Court’s finding that aggravating circumstances were present was supported by the record (see Matter of Hassett v Hassett, 4 AD3d 527 [2004]; Matter of Reilly v Reilly, 254 AD2d 361, 362 [1998]; Matter of Mawhirt v Mawhirt, 241 AD2d 524 [1997]). Accordingly, the Family Court properly issued an order of protection directing the father, inter alia, to stay away from the minor child for a period of five years (see Family Ct Act § 842).
Contrary to the father’s contention, under the circumstances of this case, the Family Court’s decision not to hold a dispositional hearing prior to issuing the order of protection does not require reversal (see Sblendorio v D’Agostino, 60 AD3d at 774; Matter of Hassett v Hassett, 4 AD3d 527 [2004]; Matter of Dabbene v Dabbene, 297 AD2d at 813; Matter of Annie C. v Marcellus W., 278 AD2d 177 [2000]; Matter of Quintana v Quintana, 237 AD2d 130 [1997]). In addition, upon the exercise of our factual review power, the Family Court’s disposition was not contrary to the weight of the evidence (see Matter of Sperling v Sperling, 96 AD3d 1067, 1068 [2012]; Matter of Sblendorio v D’Agostino, 60 AD3d at 774).
The father’s remaining contentions are either unpreserved for appellate review or without merit. Mastro, J.P., Angiolillo, Sgroi and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.