Legal Opinion
Dowgiallo v. Williams
Appellate Division of the Supreme Court of the State of New York
Decided October 3, 2012PublishedCited by 6 opinions
1Opinion of the Court
*709The Family Court properly vacated a temporary order of protection and dismissed the father’s family offense petition against the mother, without a hearing, as the petition failed to allege conduct by the mother that would constitute disorderly conduct or reckless endangerment (see Family Ct Act §§ 812 [1]; 832; Matter of Davis v Venditto, 45 AD3d 837, 838 [2007]; Matter of Jones v Roper, 187 AD2d 593 [1992]).
Further, the Family Court providently exercised its discretion in dismissing, without a hearing, the father’s petition to modify an existing custody order so as to award him sole…
2Cases cited5 opinions
- Leichter-Kessler v. KesslerAppellate Division of the Supreme Court of the State of New York · 2010
- Davis v. VendittoAppellate Division of the Supreme Court of the State of New York · 2007
- Jones v. RoperAppellate Division of the Supreme Court of the State of New York · 1992
- Jean v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2010
- Mennuti v. BerryAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by6 opinions
- Matter of Brown-Winfield v. BaileyAppellate Division of the Supreme Court of the State of New York · 2016
- Marino v. MarinoAppellate Division of the Supreme Court of the State of New York · 2013
- Ellen Z. v. Isaac D.New York City Family Court · 2015
- Marino v. MarinoAppellate Division of the Supreme Court of the State of New York · 2013
- Yuan v. SawyerAppellate Division of the Supreme Court of the State of New York · 2014
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