Secured Reversal Of Family Court Dismissal Of Husband’s Family Offense Petition
Matter of Chu Man Woo v Qiong Yun Xi, 106 AD3d 818 (2nd Dept. 2013)
In a family offense petition where Family Court dismissed my client’s petition after a hearing, I secured a reversal, and the petition was reinstated and the matter remitted to Family Court for further proceedings. In reversing, the Second Department accepted my argument that my client established that the respondent committed the family offense of harassment in the second degree as the credible evidence presented at the hearing established that, on at least two occasions, the respondent engaged in conduct which included throwing cups and other objects at the petitioner. Such conduct served to “alarm or seriously annoy” my client and served no legitimate purpose (Penal Law § 240.26 ). The Court also accepted my arguments that the Family Court erred in considering various police reports related to the alleged family offenses in making its determination as there is no evidence as to the source of the information in the reports, whether that person was under a business duty to make it, or whether some other hearsay exception would render the statements admissible, they should not have been considered by the Family Court.