From Casetext: Smarter Legal Research

In the Matter of Flascher v. Flascher

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 2002
298 A.D.2d 393 (N.Y. App. Div. 2002)

Opinion

2001-01620

Submitted September 17, 2002.

October 7, 2002.

In a family offense proceeding pursuant to Family Court Act article 8, the husband appeals from an order of the Family Court, Kings County (Freeman, J.), dated January 19, 2001, which, after a hearing, granted a two-year order of protection and directed, inter alia, that he refrain from contact with the wife at her home or place of employment.

Robert Marinelli, Brooklyn, N.Y., for appellant.

Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the order is modified by adding to the decretal paragraph thereof a finding that aggravating circumstances exist including violent and harassing behavior by the husband towards the wife which constitutes an immediate and ongoing danger to her; as so modified, the order is affirmed, without costs or disbursements.

Contrary to the husband's contention, there was sufficient evidence to support the Family Court's finding of the existence of aggravating circumstances (see Matter of Reilly v. Reilly, 254 A.D.2d 361; Family Ct Act § 827[a][vii]). The order of protection is thus modified to include this finding in compliance with Family Court Act § 842 (see Matter of Reilly v. Reilly, supra; Matter of Muller v. Muller, 221 A.D.2d 635).

The husband's remaining contentions are without merit.

RITTER, J.P., SANTUCCI, GOLDSTEIN and MASTRO, JJ., concur.


Summaries of

In the Matter of Flascher v. Flascher

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 2002
298 A.D.2d 393 (N.Y. App. Div. 2002)
Case details for

In the Matter of Flascher v. Flascher

Case Details

Full title:IN THE MATTER OF SARA AIN FLASCHER, respondent, v. KURT FLASCHER, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 7, 2002

Citations

298 A.D.2d 393 (N.Y. App. Div. 2002)
751 N.Y.S.2d 396

Citing Cases

In re F.P. v. Sammie H.

er father and the aforementioned testimony of respondent himself ( see Matter of Sean T. [appeal No. 2] , 302…

Kondor v. Kondor

Here, the Family Court's finding that aggravating circumstances were present was supported by the record (…