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Vasciannio v. Nedrick

Appellate Division of the Supreme Court of New York, Second Department
May 5, 2003
305 A.D.2d 420 (N.Y. App. Div. 2003)

Opinion

2001-10685

Argued April 3, 2003.

May 5, 2003.

In a family offense proceeding pursuant to Family Court Act article 8, the father appeals from an order of the Family Court, Kings County (Lim, J.), dated December 7, 2001, which, sua sponte, vacated an ex parte temporary order of protection on behalf of the parties' child against the mother, dated November 30, 2001, which was, in effect, a temporary order of custody to the father, dismissed his family offense petition, without a hearing, and directed that the parties' child be returned to the mother.

Todd D. Kadish, Brooklyn, N.Y., for appellant.

Patricia Ann Fersch, New York, N.Y. (Jennifer P. Brown of counsel; Michael Dalowitz on the brief), for respondent.

Carol Sherman, Brooklyn, N.Y. (Sheila A. O'Shea and Barbara H. Dildine of counsel), Law Guardian for the child.

Before: ANITA R. FLORIO, J.P., HOWARD MILLER, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.


DECISION ORDER

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

The Family Court "properly exercised its inherent power to vacate in the interest of justice its prior order which was based on mistaken information" (Block v. Block, 153 A.D.2d 601, 603). The father failed to show "good cause" for a temporary order of protection against the mother on behalf of the child (see Family Ct Act § 828[a]).

Moreover, summary dismissal of the family offense petition was proper as it was devoid of specificity (see Family Ct Act § 821; Matter of Jones v. Roper, 187 A.D.2d 593; cf. Matter of Eileen W. v. Mario A., 169 Misc.2d 484). The father's contentions on appeal amount to an improper collateral attack on the prior final order of custody in the mother's favor, which he did not appeal.

FLORIO, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.


Summaries of

Vasciannio v. Nedrick

Appellate Division of the Supreme Court of New York, Second Department
May 5, 2003
305 A.D.2d 420 (N.Y. App. Div. 2003)
Case details for

Vasciannio v. Nedrick

Case Details

Full title:IN THE MATTER OF ROSALEE VASCIANNIO, respondent, v. HOWARD NEDRICK…

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

Date published: May 5, 2003

Citations

305 A.D.2d 420 (N.Y. App. Div. 2003)
758 N.Y.S.2d 534

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