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Law & Mediation Office of Lewis S. Calderon

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Won affirmance of order of protection.

Matter of Irma A. v David A., 139 AD3d 454 (1st Dept. 2016)

In this appeal arising from an order of protection issued in favor of my client, the First Department accepted my argument that my client established by a fair preponderance of the evidence that respondent had committed the family offense of menacing in the second degree in that she testified that in October 2013, respondent confronted her in her lobby, at 1:30 a.m., holding a broken bottle, accused her of cheating on him with another man, and threatened to kill her and her family if she went to the police or took him to court.  The Court also accepted my argument that appellant’s argument of that the doctrine of res judicata barred Family Court from making a finding based on the October 2013 incident should be flatly rejected as my client’s initial petition regarding the incident was dismissed “without prejudice” based on her failure to appear and such a dismissal is not a final determination on the merits for res judicata purposes.

http://www.nycourts.gov/reporter/3dseries/2016/2016_03654.htm