Matter of Risi v Risi

Matter of Matter of Risi v Risi 2012 NY Slip Op 07678 Decided on November 14, 2012 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 November 14, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
2011-10243
(Docket No. C-5419-11)

[*1]In the Matter of Stephen Risi, appellant,

v

Alissa Risi, respondent.




Salvatore C. Adamo, New York, N.Y., for appellant.
Lisa Lewis, Brooklyn, N.Y., for respondent.


DECISION & ORDER

In a conciliation proceeding pursuant to Family Court Act article 9, the husband appeals from an order of the Family Court, Kings County (Hepner, J.), dated October 11, 2011, which, in effect, dismissed the proceeding.

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

The husband filed a petition for conciliation with his wife, pursuant to Family Court Act article 9 (see Family Ct Act § 921). However, "[u]nless both spouses consent to the continuation of [such a proceeding, it] terminates ninety days after the filing of the petition" (Family Ct Act § 926).

Here, in the husband's absence, the Family Court, in effect, dismissed the proceeding more than 90 days after its commencement because the wife did not consent to its continuation. Contrary to the husband's contention, his due process rights were not violated because the proceeding was so dismissed in his absence (cf. People v McCune, 98 AD3d 631, 632).

The husband's remaining contention is without merit.
SKELOS, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court