Secured reversal of family offense case dismissed at trial.
Matter of Berg v Mantia, 77 AD3d 827 (2nd Dept. 2010)
In this family offense proceeding, I represented the children in Family Court and where Family Court dismissed the proceeding at end of the petitioner’s case, I appealed and secured a reversal and a remittal to Family Court for further proceedings. In reversing, the Second Department adopted my arguments that contrary to the Family Court’s determination, upon the record presented, the mother properly commenced the proceeding on behalf of herself and the three children and therefore, the Family Court erred in failing to consider the evidence of the family offenses committed against the children.