In re Proceeding, Victoria C. v. Higinio C

3 Citing cases

  1. Onealyah M. v. Michael G.E.

    203 N.Y.S.3d 320 (N.Y. App. Div. 2024)

    entered on or about March 29, 2022, which, to the extent appealed from as limited by the briefs, after fact-finding and dispositional hearings, determined that petitioner was not entitled to restitution, unanimously affirmed, without costs. Petitioner failed to sustain her burden of demonstrating entitlement to restitution by offering any competent evidence that her eye condition was caused by the respondent’s conduct between 2012 and 2014, that treatment was required and the cost thereof (compare Matter of Victoria C. v. Higinio C., 1 A.D.3d 173, 174, 766 N.Y.S.2d 563 [1st Dept. 2003]; see Family Court Act § 834). Petitioner waived any complaint about the manner in which the hearing was conducted by willingly participating in the hearing without objection (see Matter of Tonya B. v. Matthew B., 90 A.D.3d 463, 463–464, 933 N.Y.S.2d 864 [1st Dept. 2011]).

  2. Polanco v. Dilone

    0-24568/09 (N.Y. Fam. Ct. Aug. 3, 2011)

    Furlan v Rayan Phot Works, Inc., 171 Misc 839 (Mun Ct, Queens County 1939). The court would accept petitioner's credible testimony that the intrinsic value of the toys, perfume, and flowers is $100. Victoria C v Higinio C., 1 AD3d 173 (1st Dept 2003). However, petitioner must first plead and prove property damage before any damages can be awarded.

  3. In the Matter of A Family Offense Proceeding Under Article 8 of The Family Court Act Ana Almonte Polanco v. Dilone

    33 Misc. 3d 224 (N.Y. Fam. Ct. 2011)

    Furlan v. Rayan Photo Works, Inc., 171 Misc. 839, 12 N.Y.S.2d 921 (Mun. Ct., Queens County 1939). The court would accept petitioner's credible testimony that the intrinsic value of the toys, perfume, and flowers is $100. Victoria C. v. Higinio C., 1 A.D.3d 173, 766 N.Y.S.2d 563 (1st Dept 2003). However, petitioner must first plead and prove property damage before any damages can be awarded.