Opinion
525430
07-05-2018
In the Matter of Keith SMITH, Respondent, v. Kim HARDENBERGH, Appellant. (And Two Other Related Proceedings.)
Ivy M. Schildkraut, Monticello, for appellant. Gail B. Rubenfeld, Monticello, for respondent. Marcia Heller, Rock Hill, attorney for the children.
Ivy M. Schildkraut, Monticello, for appellant.
Gail B. Rubenfeld, Monticello, for respondent.
Marcia Heller, Rock Hill, attorney for the children.
Before: Egan Jr., J.P., Lynch, Mulvey, Aarons and Pritzker, JJ.
MEMORANDUM AND ORDER
Lynch, J.
Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered April 17, 2017, which, among other things, partially granted petitioner's application, in a proceeding pursuant to Family Ct Act article 6, for custody of the parties' children, and issued an order of protection.
Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of two children (born in 2011 and 2012). In September 2016, the father commenced this proceeding seeking custody of the children. In October 2016, Family Court issued a temporary order of protection directing the mother to prevent her husband—a level three sex offender—from having any contact with the children. The matter was scheduled for trial but, in March 2017, the parties consented to a custodial award that included a permanent order of protection prohibiting contact between the mother's husband and the children. The mother now appeals.
For the reasons stated in Matter of Pointer v. Hardenbergh, 162 A.D.3d 1159, 78 N.Y.S.3d 461, 2018 N.Y. Slip Op. 04054, 2018 WL 2725792 (2018), the mother's appeal is dismissed.
ORDERED that the appeal is dismissed, without costs.
Egan Jr., J.P., Lynch, Mulvey, Aarons and Pritzker, JJ., concur.