CASSIE v. CASSIE

2012-02929, Docket No. O-4915-12.

109 A.D.3d 337 (2013)

969 N.Y.S.2d 537

2013 NY Slip Op 5446

In the Matter of DIONNE CASSIE, Respondent, v. RICHARD CASSIE, Appellant.

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

Decided July 24, 2013.


Attorney(s) appearing for the Case

Etta Ibok , Brooklyn, for appellant.

LEVENTHAL, HALL and SGROI, JJ., concur.


OPINION OF THE COURT

SKELOS, J.P.

The issue presented on this appeal is whether, to establish the family offense of disorderly conduct, a petitioner must demonstrate that the challenged conduct was intended to cause, or recklessly created a risk of causing, public inconvenience, annoyance, or alarm. We hold that such a showing is required, and, since the petitioner in the present case failed to meet that burden, we reverse the order of protection issued...

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