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Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05533

Matter of Leviene v Horrell

Read the official decision: 2026 NY Slip Op 05533

Holding The Appellate Division reversed the Family Court’s finding of disorderly conduct because the evidence failed to establish that the appellant’s conduct was committed with the intent to cause, or recklessly posed a risk of causing, public inconvenience, annoyance, or alarm. Consequently, the order of protection issued pursuant to that finding was vacated.

The court’s words

the evidence failed to establish that the appellant committed the family offense of disorderly conduct

2026 NY Slip Op 05533, at the official text

insufficient evidence to establish that the appellant's conduct was committed with the intent to cause, or recklessly posed a risk of causing, public inconvenience, annoyance, or alarm

2026 NY Slip Op 05533, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 30, 2026
Citation2026 NY Slip Op 05533
Area of lawFamily Law
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05533
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id708

Recommended citation

ESQ HQ, New York Law Watch, Matter of Leviene v Horrell, 2026 NY Slip Op 05533 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05533/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 30, 2026. Updated September 30, 2026.