Matter of Yevtushenko v. Byvalets

In a family offense proceeding pursuant to Family Court Act article 8, in which the petitioner alleged that the respondent violated an order of protection, the petitioner appeals from an order of the Supreme Court, Kings County (IDV part) (Henry, J.), dated December 16, 2013, which, without a hearing, dismissed the violation petition.

Ordered that the order is reversed, on the law, without costs or disbursements, the violation petition is reinstated, and the matter is remitted to the Family Court, Kings County, for a hearing and a new determination of the violation petition thereafter.

The…