S.M. v. F.J.L.

OPINION OF THE COURT

Adam Silvera, J.

Background

Petitioner and respondent have an intimate relationship. Petitioner filed the instant petition seeking an order of protection against respondent alleging that he committed family offenses against her. A trial commenced, and following the conclusion of petitioner’s case, respondent made an oral motion to dismiss this proceeding.

Discussion

Respondent’s oral motion to dismiss, on the ground that petitioner is not a person deemed incapable of consent pursuant to Penal Law § 130.05 (3) (h), is denied. Preliminarily, the court notes that, after review of…