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Matter of Braham v. Braham

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1999
264 A.D.2d 418 (N.Y. App. Div. 1999)

Opinion

August 9, 1999.

Appeal from the Family Court, Nassau County (Koenig, J.).


Ordered that the orders are affirmed, with costs.

Upon our review of the record, we find that the husband committed the family offense of harassment, thereby warranting the issuance of an order of protection ( see, Family Ct Act § 812; Penal Law § 240.26; Matter of Dienes v. Dienes, 240 A.D.2d 576; Matter of Smith v. Antonio, 239 A.D.2d 509). The Family Court properly directed the husband to vacate and stay away from the marital premises since the record demonstrated that he conducted himself in an offensive and frightening manner toward the wife ( see, Matter of Cutrone v. Cutrone, 225 A.D.2d 767; Matter of Amy Cohen L. v. Howard N. L., 222 A.D.2d 677; Merola v. Merola, 146 A.D.2d 611).

The Family Court's determination to award counsel fees to the wife's attorney is supported by the record ( see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879; Matter of Zirkind v. Zirkind, 218 A.D.2d 745).

The husband's remaining contentions are without merit.

Ritter, J. P., Krausman, Florio and Feuerstein, JJ., concur.


Summaries of

Matter of Braham v. Braham

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1999
264 A.D.2d 418 (N.Y. App. Div. 1999)
Case details for

Matter of Braham v. Braham

Case Details

Full title:In the Matter of RENITA BRAHAM, Respondent, v. DAVE A. BRAHAM, Appellant…

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

Date published: Aug 9, 1999

Citations

264 A.D.2d 418 (N.Y. App. Div. 1999)
693 N.Y.S.2d 239

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