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Riggins v. Downing

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 8, 2019
177 A.D.3d 1337 (N.Y. App. Div. 2019)

Opinion

CAF 18–00963 1065

11-08-2019

In the Matter of Tracy A. RIGGINS, Petitioner–Respondent, v. Clinton J. DOWNING, Respondent–Appellant.

PAUL B. WATKINS, FAIRPORT, FOR RESPONDENT–APPELLANT. CHRISTINE F. REDFIELD, ROCHESTER, FOR PETITIONER–RESPONDENT.


PAUL B. WATKINS, FAIRPORT, FOR RESPONDENT–APPELLANT.

CHRISTINE F. REDFIELD, ROCHESTER, FOR PETITIONER–RESPONDENT.

PRESENT: SMITH, J.P., PERADOTTO, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order of protection issued upon a finding that he committed the family offense of harassment in the second degree under Penal Law § 240.26(1). We affirm. Contrary to respondent's contention, petitioner established by a fair preponderance of the evidence that respondent committed harassment in the second degree (see Matter of Joan WW. v. Peter WW. , 173 A.D.3d 1380, 1381–1382, 104 N.Y.S.3d 358 [3d Dept. 2019] ; cf. Matter of Shephard v. Ray , 137 A.D.3d 1715, 1716, 28 N.Y.S.3d 211 [4th Dept. 2016] ). We have considered respondent's remaining contentions and conclude that none warrants reversal or modification of the order of protection.


Summaries of

Riggins v. Downing

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 8, 2019
177 A.D.3d 1337 (N.Y. App. Div. 2019)
Case details for

Riggins v. Downing

Case Details

Full title:In the Matter of Tracy A. RIGGINS, Petitioner–Respondent, v. Clinton J…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Nov 8, 2019

Citations

177 A.D.3d 1337 (N.Y. App. Div. 2019)
110 N.Y.S.3d 367

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