MATTER OF SINCLAIR v. BATISTA-MALL


50 A.D.3d 1044 (2008)

854 N.Y.S.2d 906

In the Matter of YESSENIA N. SINCLAIR, Respondent, v. OTHONIEL BATISTA-MALL, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 22, 2008.


Ordered that the order is affirmed, without costs or disbursements; and it is further,

Ordered that the finding that the husband committed a family offense in October 2006 is vacated.

We agree with the husband that a fair preponderance of the credible evidence did not support the Family Court's determination that he committed a family offense with respect to an incident that the wife alleged took place in October...

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