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Michelle S. v. Luke R.

Appellate Division of the Supreme Court of the State of New York
Mar 4, 2021
192 A.D.3d 427 (N.Y. App. Div. 2021)

Opinion

13250 Index No. O-685/16 Case No. 2020-02621

03-04-2021

In the Matter of MICHELLE S., Petitioner–Respondent–Appellant, v. LUKE R., Respondent–Appellant–Respondent.

Advocate, LLP, New York (Jason Advocate of counsel), for appellant-respondent. Law Offices of Sergio Villaverde, PLLC, New York ( Sergio Villaverde of counsel), for respondent-appellant.


Advocate, LLP, New York (Jason Advocate of counsel), for appellant-respondent.

Law Offices of Sergio Villaverde, PLLC, New York ( Sergio Villaverde of counsel), for respondent-appellant.

Kern, J.P., Oing, Singh, Moulton, JJ.

Order, Supreme Court, New York County (Tandra L. Dawson, J.), entered on or about May 13, 2019, which, upon a fact-finding determination that respondent committed the family offenses of aggravated harassment in the second-degree, harassment in the first-degree, menacing in the second and third degrees, stalking in the fourth degree, and criminal mischief in the fourth degree, granted a five-year order of protection in favor of petitioner and denied attorneys' fees to petitioner, unanimously affirmed, without costs.

Respondent committed criminal mischief in the fourth degree when he poured brown, noxious liquid on petitioner's clothing, leaving them soiled and stained, which she then turned over to the police ( Penal Law § 145.00[1] ).

The issuance of a five-year order of protection was appropriate in view of the presence of aggravating circumstances constituting an immediate and ongoing danger to petitioner ( Family Ct Act § 827[a][vii] ; see Matter of Angela C. v. Harris K., 102 A.D.3d 588, 589, 959 N.Y.S.2d 45 [1st Dept. 2013] ).

On this record, the court did not abuse its discretion in denying attorneys' fees to petitioner where she failed to submit any proof of the fees at the hearing and did not indicate after the hearing that she was pursuing a claim for fees.


Summaries of

Michelle S. v. Luke R.

Appellate Division of the Supreme Court of the State of New York
Mar 4, 2021
192 A.D.3d 427 (N.Y. App. Div. 2021)
Case details for

Michelle S. v. Luke R.

Case Details

Full title:In the Matter of Michelle S., Petitioner-Respondent-Appellant, v. Luke R…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Mar 4, 2021

Citations

192 A.D.3d 427 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 1330
139 N.Y.S.3d 809