Opinion
14846 Dkt. No. O-5567/20 Case No. 2021-00901
12-14-2021
In the Matter of KRISTINA M., Petitioner–Respondent, v. PAUL M., Respondent–Appellant.
Larry S. Bachner, New York, for appellant. Carol Kahn, New York, for respondent. Andrew J. Baer, New York, attorney for the children.
Larry S. Bachner, New York, for appellant.
Carol Kahn, New York, for respondent.
Andrew J. Baer, New York, attorney for the children.
Gische, J.P., Webber, Oing, Singh, Higgitt, JJ.
Order of fact-finding and disposition (one paper), Family Court, Bronx County (Ariel D. Chesler, J.), entered on or about February 9, 2021, which, after a hearing, determined that respondent husband committed the family offense of harassment in the second degree, and entered a one-year order of protection directing him, inter alia, to refrain from assaulting or harassing petitioner wife and the parties’ two children until February 8, 2022, unanimously reversed, on the law and the facts, without costs and the matter remanded to Family Court for further proceedings.
Family Court erred in not conducting a full fact-finding hearing. The court improperly restricted the hearing, without notice to the parties to just 15–20 minutes and limited the testimony, including that of petitioner wife. Given this, Family Court is directed to conduct a full hearing on the petition and make the requisite factual findings (see Matter of Langdon v. Langdon, 137 A.D.3d 1580, 1582, 27 N.Y.S.3d 750 [4th Dept. 2016] ).