Won affirmance of order of protection.
Matter of Yenis C. v Daniel R., 176 AD3d 407 (1st Dept 2019)
In this family offense proceeding where my client had been awarded an order of protection based upon Family Court’s determination that the father committed the family offenses of assault in the third degree and menacing in the third degree, the First Department accepted my arguments that there no basis to disturb the Referee’s credibility determinations. The Court accepted my argument that respondent’s actions during the March 13, 2015 incident constituted the family offense of menacing in the third degree (Penal Law § 120.15), because petitioner’s testimony that he threatened her with a steak knife and told her that “he wanted to kill [her],” causing her to become “very scared” and “very sad,” shows that his words and actions placed or attempted to place her in fear of death, imminent serious physical injury or physical. The Court also accepted my argument the mother’s testimony that she was in a lot of pain on one occasion after respondent pushed and kicked her, requiring emergency medical attention, and where she had difficulty breathing on another while respondent sat on her head for about one minute and would not get off her until their 14-year-old daughter intervened, was sufficient to establish that his actions constituted the family offense of assault in the third degree (Penal Law § 120.00 ).