Matter of Huff v Smikle

Matter of Huff v Smikle 2013 NY Slip Op 06865 Decided on October 23, 2013 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 October 23, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
2012-08775
(Docket No. O-6009-10/11C)

[*1]In the Matter of Lumies Huff, appellant,

v

Sheryl T. Smikle, respondent.




Thomas T. Keating, Dobbs Ferry, N.Y., for appellant.
Carl S. Chu, Fishkill, N.Y., attorney for the child.


DECISION & ORDER

In a family offense proceeding pursuant to Family Court Act article 8, in which the father alleged that mother violated an order of protection, the father appeals from an order of the Family Court, Dutchess County (Sammarco, J.), dated August 10, 2012, which, after a hearing, inter alia, dismissed the violation petition.

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

The violation petition was properly dismissed based upon the father's failure to prove that the mother was served with the order of protection, which was entered upon her failure to appear, or was aware of the terms of that order prior to the alleged violation (see Matter of Rivera v Quinones-Rivera, 15 AD3d 583, 584).

The father's remaining contentions are without merit.
RIVERA, J.P., SGROI, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court