MATTER OF GENESIS E.R. v. JAREL E.R.

Docket No. O-18631/16. Appeal No. 12840. Case No. 2020-01423.

190 A.D.3d 504 (2021)

135 N.Y.S.3d 826

2021 NY Slip Op 00131

In the Matter of Genesis E.R., Respondent, v. Jarel E.R., Appellant.

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

Decided January 12, 2021.


Attorney(s) appearing for the Case

Law Office of Thomas R. Villecco, P.C., Jericho ( Thomas R. Villecco of counsel), for appellant.

Kenneth M. Tuccillo , Hastings on Hudson, for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Susan Clement of counsel), attorney for the child.

Concur—Acosta, P.J., Webber, González, Scarpulla, JJ.


A fair preponderance of the evidence (Family Ct Act § 832) supports the Family Court's finding that respondent father committed acts constituting the family offense of menacing in the third degree (see Penal Law § 120.15; Matter of Omobolanle O. v Kevin J., 154 A.D.3d 442 [1st Dept 2017]). Petitioner testified that respondent shoved her to the floor after telling her he was going to beat her up, causing her to be...

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