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Binger v. Charles

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 2008
56 A.D.3d 467 (N.Y. App. Div. 2008)

Opinion

No. 2008-01862.

November 5, 2008.

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Queens County (Modica, J.), dated January 31, 2008, which, after a hearing, denied the petition and dismissed the proceeding.

Rivera, J.P., Lifson, Miller and Eng, JJ.


Ordered that the order is affirmed, without costs or disbursements.

The Family Court correctly concluded that the events on which the petitioner relied in support of her petition for an order of protection either were not relatively contemporaneous to the petition ( see Matter of Hall v Hall, 45 AD3d 842, 843; Matter of Ann P. v Nicholas C.P., 44 AD3d 776, 776-777; Matter of Thomas v Thomas, 32 AD3d 521, 521; Matter of Ashley P., 31 AD3d 767, 768-769; Swersky v Swersky, 299 AD2d 540, 541; Yoba v Yoba, 183 AD2d 418) or, with respect to an alleged incident in June 2007 did not constitute a family offense ( see Family Ct Act § 812).

The petitioner's remaining contentions are without merit.


Summaries of

Binger v. Charles

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 2008
56 A.D.3d 467 (N.Y. App. Div. 2008)
Case details for

Binger v. Charles

Case Details

Full title:In the Matter of RACHEL A. BINGER, Appellant, v. JULIA M. CHARLES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 5, 2008

Citations

56 A.D.3d 467 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 8483
865 N.Y.S.2d 918