Matter of Lanzafame v Jones

Matter of Lanzafame v Jones 2014 NY Slip Op 06753 Decided on October 3, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 3, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, VALENTINO, WHALEN, AND DEJOSEPH, JJ.
1031 CAF 13-01662

[*1]IN THE MATTER OF JENNIFER L. LANZAFAME, PETITIONER-APPELLANT,

v

ROBERT A. JONES, JR., RESPONDENT-RESPONDENT.

Appeal from an order of the Family Court, Onondaga County (Thomas Benedetto, R.), entered July 22, 2013 in a proceeding pursuant to Family Court Act article 8. The order dismissed the petition.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (RUPAK R. SHAH OF COUNSEL), FOR PETITIONER-APPELLANT.

D.J. & J.A. CIRANDO, ESQS., SYRACUSE (ELIZABETH deV. MOELLER OF COUNSEL), FOR RESPONDENT-RESPONDENT.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from an order dismissing her Family Court Act article 8 petition alleging that respondent willfully violated an order of protection directing him to stay away from petitioner. We affirm. Contrary to petitioner's contention, she failed to establish by clear and convincing evidence that respondent willfully violated the terms of the order of protection (cf. Matter of Mary Ann YY. v Edward YY., 100 AD3d 1253, 1254).

Entered: October 3, 2014

Frances E. Cafarell

Clerk of the Court