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PAMELA R. v. JAMES N.

V-5741/2-05/08G.

25 Misc.3d 670 (2009)

884 N.Y.S.2d 323

2009 NY Slip Op 29335

PAMELA R., Petitioner, v. JAMES N., Respondent.

Family Court, Albany County.

Decided August 12, 2009.

Attorney(s) appearing for the Case

Peter J. Hickey for petitioner.

Michael P. Friedman for respondent.

Ruth Tompkins Bridgham for the children.

OPINION OF THE COURT

W. DENNIS DUGGAN, J.

Issues

The legal issue to be determined in this case is whether proof beyond a reasonable doubt is required in a Family Court contempt proceeding that alleges a violation of a custody order. If so, this would follow from the rule recently announced by the Second Department in Matter of Rubackin v Rubackin (62 A.D.3d 11 [2009]), which applied the reasonable doubt...

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