Matter of Saira A. v Olga M.

Matter of Saira A. v Olga M. 2007 NY Slip Op 03788 [40 AD3d 243] May 1, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 11, 2007

In the Matter of Saira A., Respondent,
v
Olga M., Appellant.

—[*1] Randall S. Carmel, Syosset, for appellant.

No appearance or brief on behalf of respondent. Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about May 10, 2006, which granted a two-year order of protection in favor of petitioner and against respondent, unanimously affirmed, without costs.

Respondent concedes that the evidence at the fact-finding hearing supports the finding of harassment in the second degree (Penal Law § 240.26 [1], [3]). We reject respondent's argument that where, at the time of the fact-finding hearing, the parties (daughter and mother) were no longer living together and had little if any contact, and no incidents had occurred since the last incident described in the petition, a dispositional hearing was required to determine the need for an order of protection (see Matter of Hazel P.R. v Paul J.P., 34 AD3d 307, 308 [2006]). Concur—Saxe, J.P., Friedman, Williams, Buckley and Kavanagh, JJ.