Matter of Smith v Smith

Matter of Smith v Smith 2011 NY Slip Op 00521 Decided on January 25, 2011 Appellate Division, Second 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 January 25, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
JOSEPH COVELLO, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
2010-04652
(Docket No. O-2697-09)

[*1]In the Matter of Charles J. Smith, appellant,

v

Patricia J. Smith, respondent.




John A. Reno, Deer Park, N.Y., for appellant.
The Sallah Law Firm P.C., Holtsville, N.Y. (Dean J. Sallah of
counsel), for respondent.


DECISION & ORDER

In a family offense proceeding pursuant to Family Court Act article 8, the husband appeals from an order of protection of the Family Court, Suffolk County (Freundlich, J.), dated April 2, 2010, which, after a hearing, and upon a finding that he had committed a family offense within the meaning of Family Court Act § 812, in effect, granted the petition for an order of protection.

ORDERED that the order of protection is reversed, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed.

The record does not support the Family Court's determination that the husband committed a family offense warranting the issuance of an order of protection (see Family Ct Act § 812[1]; § 832; Matter of Garland v Garland, 3 AD3d 496).

In light of our determination, we need not reach the husband's remaining contentions.
COVELLO, J.P., DICKERSON, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan [*2]

Clerk of the Court