Dietzman v. Dietzman

Summary

The New York Appellate Division affirmed an order of protection issued in a Family Court Act article 8 proceeding. The court held that the finding that respondent committed assault in the third degree, harassment in the second degree, and disorderly conduct was supported by a preponderance of the evidence, rejected his self-defense argument, and found no ineffective assistance of counsel.

Holdings

1. Family Court's finding that respondent committed assault in the third degree, harassment in the second degree, and disorderly conduct was supported by a preponderance of the evidence.
2. Family Court's determination that respondent was not acting in self-defense was supported by the record and would not be disturbed.
3. Respondent's contention that he was denied effective assistance of counsel was rejected.

Questions Presented

1. Whether Family Court's findings that respondent committed assault in the third degree, harassment in the second degree, and disorderly conduct were supported by a preponderance of the evidence.
2. Whether Family Court's determination that respondent was not acting in self-defense was supported by the record.
3. Whether respondent was denied effective assistance of counsel.

Disposition

affirmed