MATTER OF REBECCA M.T. v. TRINA J.M.

16436, 16435.

134 A.D.3d 551 (2015)

23 N.Y.S.3d 15

2015 NY Slip Op 09359

In the Matter of REBECCA M.T., Respondent, v. TRINA J.M., et al., Appellants.

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

Decided December 17, 2015.


A fair preponderance of the evidence in the record supports the Referee's findings, except to the extent the Referee found that Byron had committed the family offense of criminal mischief (see Family Ct Act §§ 812 [1]; 832). The evidence fails to support the finding of criminal mischief, because nothing in the record establishes that Byron intentionally broke any property, nor does it establish the value of any broken property (see Penal Law §...

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