From Casetext: Smarter Legal Research

In re L.

Supreme Court, Appellate Division, First Department, New York.
Nov 1, 2011
89 A.D.3d 428 (N.Y. App. Div. 2011)

Opinion

2011-11-1

In re DOREEN L., Petitioner–Appellant,v.DHANESWAR R., Respondent–Respondent.


Julian A. Hertz, Larchmont, for appellant.Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), attorney for the children.

Order, Family Court, Bronx County (Andrea Masley, J.), entered on or about August 9, 2010, which, after a fact-finding hearing, granted respondent father's motion to deny the petition for an order of protection, and dismissed the proceeding brought pursuant to article 8 of the Family Court Act, unanimously affirmed, without costs.

Family Court correctly found that petitioner failed to establish by a fair preponderance of competent evidence that respondent committed acts warranting an order of protection in her favor ( see Family Ct. Act §§ 832, 834). Petitioner argued before Family Court that she offered her testimony about the content of her conversation with an alleged hired assassin to show her state of mind. Accordingly, we decline to review the arguments, raised for the first time on appeal, that petitioner's testimony should have been admitted for its truth under an exception to the hearsay rule ( see Matter of Patricia H. v. Richard H., 78 A.D.3d 1435, 1437, 912 N.Y.S.2d 146 [2010] ). However, petitioner's testimony, coupled with the in camera statements made by two of the parties' children in a related article 6 proceeding, provided good cause for ACS to conduct a child protective investigation pursuant to Family Ct. Act § 1034(1)(b).

MAZZARELLI, J.P., FRIEDMAN, CATTERSON, RENWICK, RICHTER, JJ., concur.


Summaries of

In re L.

Supreme Court, Appellate Division, First Department, New York.
Nov 1, 2011
89 A.D.3d 428 (N.Y. App. Div. 2011)
Case details for

In re L.

Case Details

Full title:In re DOREEN L., Petitioner–Appellant,v.DHANESWAR R.…

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

Date published: Nov 1, 2011

Citations

89 A.D.3d 428 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 7696
931 N.Y.S.2d 862

Citing Cases

Joyesha J. v. Oscar S.

There is no basis to disturb the Referee's determination that their testimony, and the testimony of the…

Antoinette V. v. Brian J.P.

Even without any direct contact between the parties since the issuance of an original Order of Protection,…