Opinion
2001-07003
Argued October 15, 2002.
November 4, 2002.
In a family offense proceeding pursuant to Family Court Act article 8, the husband appeals from an order of the Family Court, Kings County (Knipps, J.), dated July 9, 2001, which denied his motion, inter alia, to vacate or modify an order of protection of the same court (Porzio, J.), dated March 2, 2000, which, after a hearing, among other things, excluded him from the marital home for a period of three years.
Bruce A. Young, New York, N.Y., for appellant.
Ellen V. Rosenberg, New York, N.Y. (Kathleen Mylod on the brief), for respondent.
Carol Sherman, Brooklyn, N.Y. (Sheila A. O'Shea and Barbara H. Dildine of counsel), Law Guardian for the child.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Family Court properly denied the husband's motion, inter alia, to vacate or modify an order of protection based on newly-discovered evidence. With respect to any additional evidence which could not have been discovered previously (see Matter of Jenna R., 207 A.D.2d 403), there was no showing that it would have produced a different result (see CPLR 5015[a][2]). The husband also failed to show good cause for modification of the order of protection (see Family Ct Act § 844).
The husband's remaining contentions are without merit.
ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.