Matter of S.G. v C.M.

Holding The Appellate Division affirmed the Family Court’s determination that the respondent father committed two counts of menacing in the third degree and granted a two-year order of protection. The court found that the petitioner established the offense by a preponderance of the evidence and that the respondent’s procedural arguments regarding preclusion and the lack of a separate dispositional hearing were unpreserved or unavailing.

The court’s words

Petitioner established by a preponderance of the evidence that respondent placed petitioner in fear of "death, imminent serious physical injury or physical injury" through his aggressive words and actions

2026 NY Slip Op 05473, at the official text

Family Court aptly credited petitioner's testimony that in February 2023 respondent berated her, used offensive language, called her names and used threatening gestures

2026 NY Slip Op 05473, at the official text

There is no indication that respondent subsequently renewed his demand or that petitioner's failure to respond was willful and contumacious as required to warrant preclusion

2026 NY Slip Op 05473, at the official text

In any event, there is no statutory requirement for a separate dispositional hearing in Family Court Act article 8 proceedings

2026 NY Slip Op 05473, at the official text