From Casetext: Smarter Legal Research

Matter of Department of Social Services

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 677 (N.Y. App. Div. 1996)

Opinion

June 24, 1996

Appeal from the Family Court, Suffolk County (Kent, J.).


Ordered that the order is reversed, on the law, without costs or disbursements, the allegations in the petitions are sustained, and the matter is remitted to the Family Court, Suffolk County, for a dispositional hearing.

The order of protection directed the father "to refrain from having absolutely any contact with his daughter". Nevertheless, the father on several occasions visited the mother's house with the daughter present, drove his daughter home from a Family Court appearance, and engaged in several half-hour visits with his daughter.

Accordingly, the evidence adduced at the hearing established that the father violated the order of protection willfully and without just cause ( see, Family Ct Act § 1072). Bracken, J.P., O'Brien, Joy and Goldstein, JJ., concur.


Summaries of

Matter of Department of Social Services

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 677 (N.Y. App. Div. 1996)
Case details for

Matter of Department of Social Services

Case Details

Full title:In the Matter of DEPARTMENT OF SOCIAL SERVICES, on Behalf of SASHA Q., et…

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

Date published: Jun 24, 1996

Citations

228 A.D.2d 677 (N.Y. App. Div. 1996)
644 N.Y.S.2d 990

Citing Cases

In re Herbie

The petitioner established by a fair preponderance of the evidence that the father violated the order of…