Cole v. Benjamin

6 Citing cases

  1. Hogan v. Max

    215 A.D.3d 969 (N.Y. App. Div. 2023)   Cited 4 times

    The petitioner appeals. "A family offense petition may be dismissed without a hearing where the petition fails to set forth factual allegations which, if proven, would establish that the respondent has committed a qualifying family offense" ( Matter of Cole v. Benjamin, 192 A.D.3d 889, 889, 140 N.Y.S.3d 754 ; see Matter of Silverman v. Leibowitz, 198 A.D.3d 903, 904, 152 N.Y.S.3d 843 ). "In determining whether a petition alleges an enumerated family offense, the petition must be liberally construed, the facts alleged in the petition must be accepted as true, and the petitioner must be granted the benefit of every favorable inference" ( Matter of Arnold v. Arnold, 119 A.D.3d 938, 939, 989 N.Y.S.2d 879 ; see Matter of Cole v. Benjamin, 192 A.D.3d at 889, 140 N.Y.S.3d 754 ).

  2. Bodunrin v. Bodunrin

    221 A.D.3d 811 (N.Y. App. Div. 2023)   Cited 2 times

    The petitioner appeals. " ‘A family offense petition may be dismissed without a hearing where the petition fails to set forth factual allegations which, if prove[n], would establish that the respondent has committed a qualifying family offense’ " ( Matter of Hogan v. Max, 215 A.D.3d 969, 969, 188 N.Y.S.3d 126, quoting Matter of Cole v. Benjamin, 192 A.D.3d 889, 889, 140 N.Y.S.3d 754 ). " ‘In determining whether a petition alleges an enumerated family offense, the petition must be liberally construed, the facts alleged in the petition must be accepted as true, and the petitioner must be granted the benefit of every favorable inference’ " ( Matter of Hogan v. Max, 215 A.D.3d at 970, 188 N.Y.S.3d 126, quoting Matter of Arnold v. Arnold, 119 A.D.3d 938, 939, 989 N.Y.S.2d 879 ).

  3. Silverman v. Leibowitz

    No. 2021-00371 (N.Y. App. Div. Oct. 20, 2021)

    "A family offense petition may be dismissed without a hearing where the petition fails to set forth factual allegations which, if prove[n], would establish that the respondent has committed a qualifying family offense" (Matter of Cole v Benjamin, 192 A.D.3d 889, 889; see Matter of Brown-Winfield v Bailey, 143 A.D.3d 707, 708). "In determining whether a petition alleges an enumerated family offense, the petition must be liberally construed, the facts alleged in the petition must be accepted as true, and the petitioner must be granted the benefit of every favorable inference" (Matter of Arnold v Arnold, 119 A.D.3d 938, 939).

  4. Silverman v. Leibowitz

    198 A.D.3d 903 (N.Y. App. Div. 2021)   Cited 4 times

    The petitioner appeals. "A family offense petition may be dismissed without a hearing where the petition fails to set forth factual allegations which, if prove[n], would establish that the respondent has committed a qualifying family offense" ( Matter ofCole v. Benjamin, 192 A.D.3d 889, 889, 140 N.Y.S.3d 754 ; see Matter ofBrown–Winfield v. Bailey, 143 A.D.3d 707, 708, 38 N.Y.S.3d 434 ). "In determining whether a petition alleges an enumerated family offense, the petition must be liberally construed, the facts alleged in the petition must be accepted as true, and the petitioner must be granted the benefit of every favorable inference" ( Matter ofArnold v. Arnold, 119 A.D.3d 938, 939, 989 N.Y.S.2d 879 ).

  5. Y.M. v. D.S.

    2024 N.Y. Slip Op. 50596 (N.Y. Fam. Ct. 2024)

    In the second branch of his motion, the respondent contends that the portions of the petition alleging that he committed family offenses on November 9, 2020, and April 13, 2022, should be dismissed on the ground that those allegations are insufficient to state a qualifying family offense. "A family offense petition may be dismissed without a hearing where the petition fails to set forth factual allegations which, if proved, would establish that the respondent has committed a qualifying family offense" (Matter of Cole v Benjamin, 192 A.D.3d 889, 889 [2d Dept 2021]; see Matter of Hogan v Max, 215 A.D.3d 969, 969, 970 [2d Dept 2023]). "In determining whether a petition alleges an enumerated family offense, the petition must be liberally construed, the facts alleged in the petition must be accepted as true, and the petitioner must be granted the benefit of every favorable inference" (Matter of Arnold v Arnold, 119 A.D.3d 938, 939 [2d Dept 2014]; see Matter of Hogan v Max, 215 A.D.3d at 970; Matter of Cole v Benjamin, 192 A.D.3d at 889).

  6. Silverman v. Leibowitz

    2021 N.Y. Slip Op. 5705 (N.Y. Sup. Ct. 2021)

    The petitioner appeals. "A family offense petition may be dismissed without a hearing where the petition fails to set forth factual allegations which, if prove[n], would establish that the respondent has committed a qualifying family offense" (Matter of Cole v Benjamin, 192 A.D.3d 889, 889; see Matter of Brown-Winfield v Bailey, 143 A.D.3d 707, 708). "In determining whether a petition alleges an enumerated family offense, the petition must be liberally construed, the facts alleged in the petition must be accepted as true, and the petitioner must be granted the benefit of every favorable inference" (Matter of Arnold v Arnold, 119 A.D.3d 938, 939).