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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05533 |
| Area of law | Family Law |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05533 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 708 |
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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