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Naftali v. Naftali

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 11, 2018
2018 N.Y. Slip Op. 2472 (N.Y. App. Div. 2018)

Opinion

2017-01252

04-11-2018

In the Matter of Galit Naftali, respondent, v. David Naftali, appellant.

David Laniado, Cedarhurst, NY, for appellant. Paul B. Guttenberg, Syosset, NY, attorney for the child.


CHERYL E. CHAMBERS JOSEPH J. MALTESE BETSY BARROS, JJ. (Docket No. O-11619-12)

David Laniado, Cedarhurst, NY, for appellant.

Paul B. Guttenberg, Syosset, NY, attorney for the child.

DECISION & ORDER

In a family offense proceeding pursuant to Family Court Act article 8, the father appeals from an order of protection of the Family Court, Queens County (Anne-Marie Jolly, J.), dated December 22, 2016. The order of protection, after a fact-finding hearing, and upon a "decision and order after fact-finding" dated December 22, 2016, granting the mother's application to extend a prior order of protection issued against the father, directed the father, inter alia, to stay away from the mother and the parties' child until and including December 21, 2018.

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

In this family offense proceeding, the mother made an application to extend an order of protection against the father and in favor of the mother and the parties' child. After a fact-finding hearing, the Family Court granted the application and directed the father, inter alia, to stay away from the mother and the parties' child until and including December 21, 2018. The father appeals.

Contrary to the father's contention, the Family Court, which had the benefit of seeing and hearing the witnesses at the fact-finding hearing, properly found that, under the circumstances of this case, there was "good cause" to extend the order of protection (Family Ct Act § 842; see Matter of Molloy v Molloy, 137 AD3d 47).

DILLON, J.P., CHAMBERS, MALTESE and BARROS, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Naftali v. Naftali

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 11, 2018
2018 N.Y. Slip Op. 2472 (N.Y. App. Div. 2018)
Case details for

Naftali v. Naftali

Case Details

Full title:In the Matter of Galit Naftali, respondent, v. David Naftali, appellant.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Apr 11, 2018

Citations

2018 N.Y. Slip Op. 2472 (N.Y. App. Div. 2018)
71 N.Y.S.3d 379

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