Irene D. v. Anthony D.

OPINION OF THE COURT

Daniel D. Leddy, Jr., J.

By oral, pro se motion, the petitioner wife seeks to withdraw a family offense proceeding initiated by her individually and on behalf of her children against her husband. The issue presented is whether she may do so where the petition, if true, suggests a home life inimical to the physical and emotional well-being of the children. The respondent husband does not oppose the motion.

On February 16, 1982, the petitioner filed a proceeding pursuant to section 821 of the Family Court Act alleging that her respondent husband did “assault the petitioner by…