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Fourth Department – Family offense: Geremski Jr. v. Berardi

By: Daily Record Staff//November 14, 2023

Fourth Department – Family offense: Geremski Jr. v. Berardi

By: Daily Record Staff//November 14, 2023//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Family offense

Harassment – Social media posts

Geremski Jr. v. Berardi

CAF 22-01336

Appealed from Family Court, Onondaga County

Background: The respondent appealed from an order of protection issued upon a finding that she committed acts constituting the family offense of harassment.

Ruling: The Appellate Division reversed. The court held that the evidence presented by the petitioner consisted of his testimony that the respondent posted negative “posts and stuff” on social media about him, including two Facebook entries about an unnamed “ex” that he believed referred to him, after which she blocked him from viewing her posts.

Kristen N. McDermott, of the Frank H. Hiscock Legal Aid Society, for the respondent-appellant.

Oral argument video

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