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In the Matter of Dabbene v. Dabbene

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 2002
297 A.D.2d 812 (N.Y. App. Div. 2002)

Opinion

2001-10291

Submitted September 3, 2002.

October 1, 2002.

In a family offense proceeding pursuant to Family Court Act article 8, the appeal is from an order of the Family Court, Suffolk County (Lynaugh, J.), entered November 9, 2001, which, after a hearing, granted the petition for an order of protection.

Steven A. Feldman, Hauppauge, N.Y. (Arza Rayches Feldman of counsel), for appellant.

Jeffrey Seigel, Islandia, N.Y. (Philip Parlante of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, REINALDO E. RIVERA, JJ.


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

The record supports the Family Court's determination that, based on a preponderance of the credible evidence, the former wife committed a family offense, warranting the issuance of the order of protection (see Family Ct Act § 812; 832; Matter of Hogan v. Hogan, 271 A.D.2d 533).

Under the facts of this case, the Family Court's failure to hold a dispositional hearing does not require reversal (see Matter of Annie C. v. Marcellus W., 278 A.D.2d 177; Matter of Quintana v. Quintana, 237 A.D.2d 130; cf. Matter of Alice C. v. Joseph C., 212 A.D.2d 698).

ALTMAN, J.P., GOLDSTEIN, H. MILLER and RIVERA, JJ., concur.


Summaries of

In the Matter of Dabbene v. Dabbene

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 2002
297 A.D.2d 812 (N.Y. App. Div. 2002)
Case details for

In the Matter of Dabbene v. Dabbene

Case Details

Full title:IN THE MATTER OF JOHN DABBENE, respondent, v. ELAINE DABBENE, appellant

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

Date published: Oct 1, 2002

Citations

297 A.D.2d 812 (N.Y. App. Div. 2002)
747 N.Y.S.2d 808

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