Opinion
03-16-2017
In re GRAZYNA S.-G., Petitioner–Appellant, v. EVELINA G., Respondent–Respondent.
Tennille M. Tatum–Evans, New York, for appellant. Andrew J. Baer, New York, for respondent.
Tennille M. Tatum–Evans, New York, for appellant.
Andrew J. Baer, New York, for respondent.
Order and judgment (one paper), Family Court, New York County (Pamela Scheininger, Referee), entered on or about May 20, 2015, which, upon petitioner daughter's default, granted respondent mother's motion to dismiss the petition seeking an order of protection against respondent, unanimously affirmed, without costs.
Contrary to the Referee's conclusion, petitioner did not default; petitioner testified at the fact-finding hearing and her attorney appeared on May 20, 2015 and objected to the dismissal of the petition (see Schlain v. Women's Radiology, 305 A.D.2d 173, 174, 759 N.Y.S.2d 67 [1st Dept.2003] ). In any event, petitioner failed to establish a prima facie case that respondent's actions constituted the family offenses of harassment in the second degree or disorderly conduct (see Matter of Kirsten G. v. Melvin G., 143 A.D.3d 614, 614, 39 N.Y.S.3d 460 [1st Dept.2016] ).
TOM, J.P., ACOSTA, RICHTER, MANZANET–DANIELS, KAHN, JJ., concur.