Marino v. Marino

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Kings County (Ross, J.H.O.), dated October 1, 2012, which, without a hearing, dismissed his petition for failure to state a cause of action.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly dismissed the petitioner’s family *888offense petition, without a hearing, for failure to state a cause of action. Contrary to the petitioner’s contention, the factual allegations set forth in his petition were insufficient to allege conduct…