Arlyn T. v. Harold T.

OPINION OF THE COURT

Elrich A. Eastman, J.

Before the court is respondent’s motion to dismiss the family offense petition herein and vacate the temporary order of protection had thereon, on the grounds that: (1) there is a divorce action pending in Supreme Court, New York County, and (2) the Supreme Court has not referred the parties to the Family Court for resolution of the issues raised by petitioner.

Although respondent’s and the court’s research disclose no decisional law, there is statutory authority for the assumption of jurisdiction by the Family Court to entertain a family offense…