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MATTER OF GUADALUPE F. v. RANDY S.

7011.

162 A.D.3d 604 (2018)

75 N.Y.S.3d 909

2018 NY Slip Op 04841

In the Matter of Guadalupe F., Appellant, v. Randy S., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 28, 2018.

Petitioner failed to prove by a fair preponderance of the evidence that respondent's alleged conduct established a family offense. Petitioner's testimony does not support a finding that respondent's actions constituted criminal obstruction of breathing or blood circulation (Penal Law § 121.11).

Furthermore, a fair preponderance of the evidence supports the determination that respondent's actions did not rise to the...

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